HAR §7-9-21. Perjury, statutory

(a) A model specification of the offense of perjury, statutory shall be as follows: "In that _____________________, having taken a lawful oath [in a proceeding before (a board of officers) (a court of inquiry) concerning _____________________] [upon the making of an affidavit as to _____________________] [_____________________], a case in which a law of the United States authorized an oath to be administered, that [he/she, then said _____________________, would (testify) (declare) (depose) (certify) truly] [a written (declaration) (deposition) (certificate) subscribed by him/her was true], did _____________________, (at) (on board) , on or about _____________________ 19__, willfully and contrary to such oath (state) (subscribe) a material matter, to wit: _____________________, which matter he/she did not then believe to be true." (b) The elements of the offense of perjury, statutory shall be as follows: (1) That, at the time and place alleged, the accused took an oath or made an affirmation; (2) That the oath or affirmation was administered to the accused in a matter in which an oath or affirmation was required or authorized by law; (3) That the oath or affirmation was administered by a person having authority to do so; (4) That upon that oath or affirmation the accused wilfully made or subscribed a statement; (5) That the statement was material; (6) That the statement was false; (7) That the accused did not then believe the statement to be true; and (8) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP