ROBERT L. EHRLICH, JR., Governor                           H.B. 635

statement that is sufficient for certain charging documents for a violation of this
Act involving contradictory statements; and generally relating to contradictory
statements.

BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 9-101 and 9-103
Annotated Code of Maryland
(2002 Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

9-101.

(a)     A person may not willfully and falsely make an oath or affirmation AS TO
A MATERIAL FACT:

(1)     if the false swearing is perjury at common law;

(2)     in an affidavit required by ANY STATE, FEDERAL, OR LOCAL law;

(3)     in an affidavit made to induce a court or officer to pass an account or
claim;

(4)     in an affidavit required [as part of a report and return made to the
General Assembly or an officer of the government] BY ANY STATE, FEDERAL, OR
LOCAL GOVERNMENT OR GOVERNMENTAL OFFICIAL WITH LEGAL AUTHORITY TO
REQUIRE THE ISSUANCE OF AN AFFIDAVIT; or

(5)     in an affidavit or affirmation made under the Maryland Rules.

(b)     A person who violates this section is guilty of the misdemeanor of perjury
and on conviction is subject to imprisonment not exceeding 10 years.

(c)      (1) If a person makes an oath or affirmation to two contradictory
statements, each of which, if false, is prohibited by subsection (a) of this section, it is
sufficient [for purposes of indictment] to allege, and for conviction to prove, that one
of the statements is willfully false without specifying which one.

(2) IF THE TWO CONTRADICTORY STATEMENTS MADE IN VIOLATION OF
PARAGRAPH (1) OF THIS SUBSECTION ARE MADE IN DIFFERENT COUNTIES, THE
VIOLATION MAY BE PROSECUTED IN EITHER COUNTY.

(d)     A person who violates this section is subject to § 5-106(b) of the Courts
Article.

- 3107 -