New York State Notary Practice Exam

What makes a person guilty of perjury?

1. Giving false testimony under any circumstances

2. Giving false testimony under oath or affirmation

3. Obtaining information through coercion

4. Falsifying documents

The correct answer is: Giving false testimony under oath or affirmation

Perjury is specifically defined as the act of giving false testimony while under oath or affirmation. This means that for a statement to be classified as perjury, it must be made in a legal context where the individual has taken an oath to tell the truth, such as in court or during a legal deposition. The requirement for the testimony to be made under oath establishes the seriousness of the commitment to truthfulness, which is why this choice accurately captures the essence of what constitutes perjury. Other scenarios, such as giving false testimony without an oath or falsifying documents, do not meet the legal threshold for perjury, although they may involve deceit or fraud. Coercion may apply to how a witness is compelled to testify, but it does not define the act of perjury itself. Thus, the key factor that distinguishes perjury from other forms of dishonesty is the sworn nature of the testimony.