Page:1973 North Dakota Session Laws.pdf/243

CRIMES 12.1-10-06. SOLICITING OBSTRUCTION OF PROCEEDINGS.) A person is guilty of a class A misdemeanor if he solicits another to commit an offense defined in sections 12.1-10-02 through 12.1-10-05.

SECTION 11.) Chapter 12,1-11 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-11-01. PERJURY.) 1. A person is guilty of perjury, a claşs C felony, if, in an official proceeding, he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and he does not believe it to be true.

2. Commission of perjury need not be proved by any particular number of witnesses or by documentary or other types of evidence.

3. Where in the course of one or more official proceedings, the defendant made a statement under oath or equivalent affirmation inconsistent with another statement made by him under oath or equivalent affirmation to the degree that one of them is necessarily false, both having been made within the period of the statute of limitations, the prosecution may set forth the statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to be true. Proof that the defendant made such statements shall constitute a prima facie case that one or the other of the statements was false, but in the absence of sufficient proof of which statement was false, the defendant may be convicted under this section only if each of such statements was material to the official proceeding in which it was made.

12.1-11-02 FALSE STATEMENTS.) 1. A person is guilty of a class A misdemeanor if, in an official proceeding, he makes a false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, if he does not believe the statement to be true.

2. A person is guilty of a class A misdemeanor if, in a govern- mental matter, he:

a. Makes a false written statement, when the statement is material and he does not believe it to be true;

b. Intentionally creates a false impression in a written application for a pecuniary or other benefit, by omitting information necessary to prevent a material statement therein from being misleading;

c. Submits or invites reliance on any material writing which he knows to be forged, altered, or otherwise lacking in authenticity;

d. Submits or invites reliance on any sample, specimen, map, boundary mark or other objection which he knows to be false in a material respect; or