Ch. 105                                    2004 LAWS OF MARYLAND

material fact or making or using a false, fictitious, or fraudulent representation
under certain circumstances; providing a certain penalty for a violation of this
Act; defining a certain term; and generally relating to contradictory statements
and false, fictitious, or fraudulent representations to Legislative Branch units.

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

BY adding to

Article - State Government

Section 2-1703

Annotated Code of Maryland

(1999 Replacement 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.

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