UCMJ Article 134 False Swearing vs Article 131 Perjury: Lying Under Oath Generally vs Lying in Judicial Proceedings
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A false sworn statement does not become perjury later because someone uses it in a court-martial. Perjury under Article 131 is defined by where the false testimony is given, in a judicial proceeding or course of justice; false swearing covers false sworn statements made anywhere else, and it has been Article 107(b), not an Article 134 offense, since January 1, 2019. The Manual for Courts-Martial states the boundary directly: false swearing “does not include such statements made in a judicial proceeding or course of justice, as those are under Article 131, perjury” (MCM, Part IV, ¶ 41.c(2)(a)).
False swearing, Article 107(b)
Article 107(b) reaches a person who takes an oath that “(A) is administered in a matter in which such oath is required or authorized by law; and (B) is administered by a person with authority to do so,” and who, on that oath, makes or subscribes a statement that is false and that the person does not believe to be true at the time (10 U.S.C. § 907(b)).
The Manual’s explanation (¶ 41.c(2)):
- False swearing is “the making under a lawful oath or equivalent of any false statement, oral or written, not believing the statement to be true.”
- “Unlike a false official statement, there is no requirement that the statement be made with an intent to deceive or that the statement be official.”
- Authority to administer oaths is governed by Article 136 and R.C.M. 807, and an oath includes an affirmation when authorized.
Materiality is not an element of false swearing, and there is no Article 134 terminal element to prove.
Perjury, Article 131
Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly … (1) upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury
Source: 10 U.S.C. § 931 (Article 131).
The Manual’s explanation (¶ 81.c):
- Setting. “Judicial proceeding includes a trial by court-martial, and course of justice includes preliminary hearings conducted under Article 32.” If the perjury is charged as occurring before a court-martial, the court-martial must have been duly constituted.
- Unsworn declarations. Under 28 U.S.C. § 1746, a document signed expressly subject to the penalty of perjury can support perjury, but the signing must take place in a judicial proceeding or course of justice, for example when a witness signs summarized Article 32 testimony under penalty of perjury.
- Materiality. Required, though the matter need not be the main issue.
- Proving falsity. Falsity cannot be proved by circumstantial evidence alone, except for matters not susceptible of direct proof, and not by one witness unless that testimony directly contradicts the statement and is corroborated. Documentary evidence directly disproving the statement needs no corroboration if it is an official record well known to the accused when the oath was taken, or if it came from or was recognized by the accused before the statement was made.
- Proving belief. That the accused did not believe the statement “may be proved by testimony of one witness without corroboration or by circumstantial evidence.”
The Manual names court-martial trials and Article 32 hearings. Whether another setting counts as a “course of justice” is not defined further in ¶ 81 and is a question for counsel.
How the facts sort
| False swearing, 107(b) | Perjury, 131 | |
|---|---|---|
| Setting | Any matter in which an oath is required or authorized by law, outside a judicial proceeding or course of justice | A judicial proceeding or course of justice |
| Oath | Lawful, by a person with authority | Lawful oath or substitute, or a § 1746 statement |
| Materiality | Not required | Required |
| Intent to deceive | Not required | Not listed; the testimony must be willful and corrupt |
| Special proof rules | None stated | Corroboration rules for proving falsity |
| Maximum confinement | 3 years | 5 years |
For example, a service member who swears before an authorized official, in a matter where an oath is authorized by law, that a vehicle was in the motor pool on a given night, knowing it was not, fits false swearing; if the same statement is later offered at a court-martial, it does not become perjury. Taking the stand at the court-martial and repeating the account under oath is new conduct: that testimony, if material, raises perjury. Whether a particular setting was a course of justice, and whether testimony was material, are questions for the military judge and the court-martial.
Maximum punishments
- False swearing: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years (MCM, Part IV, ¶ 41.d(2)).
- Perjury: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (¶ 81.d).
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, except in a capital case (10 U.S.C. § 853(b)(1)). Obstructing justice, a separate offense, is Article 131b.
Sources
- 10 U.S.C. § 907, false official statements; false swearing (Article 107)
- 10 U.S.C. § 931, perjury (Article 131)
- 10 U.S.C. § 931b, obstructing justice (Article 131b)
- 28 U.S.C. § 1746, unsworn declarations under penalty of perjury
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 41 and ¶ 81; R.C.M. 807.
Legal information on false swearing and perjury under the UCMJ; no statement, affidavit, or testimony is assessed. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.