NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did (at/on board—location), on or about __________, in a (judicial proceeding) (course of justice), and in a (declaration) (certification) (verification) (statement) under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribed a false statement material to the (issue) (matter of inquiry), to wit: __________, which statement was false in that __________, and which statement (he) (she) did not then believe to be true.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused subscribed a certain statement, specifically (set forth the statement alleged) in a (judicial proceeding) (course of justice), specifically (state the proceeding alleged);
(2) That in the (declaration) (certification) (verification) (statement), under penalty of perjury, the accused (declared) (certified) (verified) (stated) the truth of that certain statement;
(3) That the accused willfully subscribed the statement;
(4) That the statement was material;
(5) That the statement was false; and
(6) That the accused did not then believe the statement to be true.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A (declaration) (certification) (verification) (statement) under penalty of perjury is a statement that expressly acknowledges that it is made under penalty of perjury. It need not be made before a notary public or officer authorized to take acknowledgments or administer oaths.
“Subscribe” means to write one’s name on a document for the purpose of adopting its words as one’s own statement.
“Material” means important to the issue or matter of inquiry, but that matter need not be the main issue in the case.
NOTE 2: Corroboration instruction. When an instruction on corroboration is requested or otherwise appropriate, the judge should carefully tailor the following to include only instructions applicable to the case. Subparagraphs (1) or (2) or a combination of (1) and (2) may be given, as appropriate:
As to the fifth element of this offense, you are advised that there are special rules for proving the falsity of a statement in perjury trials. Falsity can be proven by testimony or documentary evidence by:
(1) The testimony of a witness which directly contradicts the statement described in the specification, as long as the witness’s testimony is corroborated or supported by the testimony of at least one other witness, or by some other evidence which tends to prove the falsity of the statement. You may find the accused guilty of perjury only if you find beyond a reasonable doubt that the testimony of (state the name of witness), who has testified as to the falsity of the statement described in the specification is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness in establishing the falsity of the statement.
(2) Documentary evidence directly disproving the truth of the statement described in the specification, as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the statement. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document in establishing the falsity of the statement.
NOTE 3: Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of the exceptions arises:
An exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document is an official record which has been proven to have been well known to the accused at the time that (he) (she) (took the oath) (made the affirmation).
(Additionally,) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document was written or furnished by the accused or had in any way been recognized by (him) (her) as containing the truth at some time before the supposedly perjured statement was made.
If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the statement.
You may find the accused guilty of perjury only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the accused’s statement beyond a reasonable doubt.
NOTE 4: Proving that the accused did not believe the statement to be true. Once the appropriate corroboration instruction in NOTE 1 above is given, the military judge should give the following instruction:
The fact that the accused did not believe the statement to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, as long as that testimony or evidence convinces you beyond a reasonable doubt as to this element of the offense.