A person who, in an official proceeding, willfully makes a false statement, whether or not material, under oath or equivalent affirmation, or willfully, swears or affirms the truth of the statement previously made, if he does not believe the same to be true, is guilty of false statement.
ESSENTIAL ELEMENTS OF OFFENSE
The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day], [year], in [county], North Dakota;
2) The Defendant, ____________, in an official proceeding
3) Willfully [made a false statement, whether or not material, under oath or equivalent affirmation] [swore or affirmed the truth of a statement previously made, whether or not material] and,
4) Did not believe the statement to be true;
[5) The Defendant did not retract the falsification in the course of the official proceeding or matter in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding or the matter.]
“Official proceeding” means a proceeding heard or which may be heard before any government agency or branch of public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. NDCC 12.1-01-04(22).
“Statement” means any representation, but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. NDCC 12.1-11-04(4); 12.1-11-02.
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