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46.4607 False declarations.

Cite as [A.S.C.A. § 46.4607]

(a) A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:

(1) submits any written false statement which he does not believe to be true:

(A) in an application for any pecuniary benefit or other consideration; or

(B) on a form bearing notice, authorized by law, that false statements made therein are punishable; or

(2) submits or invites reliance on:

(A) any writing which he knows to be forged, altered or otherwise lacking in authenticity or

(B) any sample, specimen, map, boundary mark, or other object which he knows to be false.

(b) The falsity of the statement or the item under subsection (a) must be as to a fact which is material to the purposes for which the statement is made or the item submitted, and the provisions of subsections (b) and (c) of 46.4605 apply to prosecutions under subsection (a).

(c) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement or item but this defense does not apply if the retraction was made after:

(1) the falsity of the statement or item was exposed or

(2) the public servant took substantial action in reliance on the statement or item.

(d) The defendant has the burden of injecting the issue of retraction under subsection (c).

(e) Making a false declaration is a class B misdemeanor.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 575 060, 15 ASC 502—504, 15 ASC 821.