UCMJ Article 131: Perjury

The military justice system runs on sworn testimony, and a witness who lies under oath strikes at the reliability of every proceeding that follows. Article 131 of the Uniform Code of Military Justice addresses that harm directly by criminalizing perjury, the willful giving of false statements that are material to an issue under inquiry. Because perjury corrupts the fact-finding that courts-martial and related proceedings depend on, it is treated as a serious offense against the administration of justice.

This guide explains the two ways perjury can be committed under the current statute, the elements the government must prove, the role of materiality, the maximum punishment, available defenses, and how perjury differs from false official statements under Article 107. It is a neutral description of public military law.

Two Ways Perjury Is Committed

A common misconception is that perjury requires live, in-person testimony. The current statute reaches two distinct methods. The first is giving false testimony upon a lawful oath, or in any form allowed by law to be substituted for an oath, that is material to the issue or matter of inquiry. The second is subscribing a false statement that is material to the issue, in any declaration, certificate, verification, or statement made under penalty of perjury as permitted under section 1746 of title 28 of the U.S. Code. The first covers sworn oral testimony; the second covers written statements signed under penalty of perjury.

The Elements of Perjury

To convict under Article 131 on the testimony theory, the prosecution must prove:

  1. That the accused took a lawful oath, or made a statement in a form allowed by law to substitute for an oath, in a proceeding or matter of inquiry.
  2. That the accused gave a certain statement.
  3. That the statement was false.
  4. That the accused did not believe the statement to be true when it was made, giving the false statement willfully and corruptly.
  5. That the false statement was material to the issue or matter of inquiry.

For the subscribed-statement theory, the elements parallel these but rest on a signed declaration under penalty of perjury rather than oral testimony under oath.

The Materiality Requirement

Materiality is the element that separates perjury from a stray falsehood. A statement is material when it could influence or affect the issue under inquiry; it need not be the central question, and it need not have actually changed any outcome. The government does not have to prove anyone was misled. It is enough that the false statement had the capacity to affect the proceeding. Trivial lies that could not influence the matter do not satisfy this element, though they may support other charges.

What the Government Must Prove

Beyond the existence of a lawful oath or a qualifying signed statement, the prosecution must prove falsity, the accused’s knowledge of falsity, and willful and corrupt intent. Honest mistake, faulty memory, or genuine confusion does not satisfy the willfulness requirement. Because a perjury conviction turns on the accused’s state of mind, the evidence often includes the surrounding record that shows the truth was known.

Maximum Punishment

The maximum punishment for perjury under Article 131 is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years. As always, the maximum is a ceiling set by the Manual for Courts-Martial, and an actual sentence depends on the facts, the forum, and the sentencing rules applicable to the date of the offense.

Defenses

Defenses frequently center on the elements the government must prove:

  • No lawful oath or qualifying statement: That the statement was not made under a lawful oath or as a signed declaration under penalty of perjury.
  • Truth or honest belief: That the statement was true, or that the accused honestly believed it to be true when made.
  • Lack of materiality: That the statement could not have influenced the issue under inquiry.
  • Ambiguity: That the statement was vague, literally true, or reasonably open to interpretation rather than clearly false.

Distinctions From Related Offenses

The clearest contrast is with Article 107, which addresses false official statements. Article 107 reaches false statements made in official matters that are not given under a lawful oath; it does not require materiality in the same way and is not limited to judicial or sworn settings. Article 131 is reserved for falsehoods given under a lawful oath or under penalty of perjury, and it requires materiality. The presence of the oath, or the signed declaration under penalty of perjury, and the materiality requirement are what set perjury apart.

Perjury is also distinct from subornation of perjury under Article 131a, which addresses inducing another person to commit perjury rather than committing it personally.

Frequently Asked Questions

Does perjury require live courtroom testimony?
No. It reaches sworn testimony in courts-martial, depositions, and Article 32 preliminary hearings, and it also reaches false written statements signed under penalty of perjury under section 1746 of title 28.

What does “material” mean in a perjury case?
A statement is material if it could influence the issue under inquiry. It need not be the central issue and need not have actually changed any outcome; the capacity to affect the matter is enough.

Does the lie have to change the result of the case?
No. Materiality looks to whether the statement could have affected the proceeding, not whether it actually did. The government need not prove anyone was misled.

What if the witness honestly believed the statement was true?
Perjury requires willful and corrupt falsity. An honest, good-faith belief in the truth of the statement, or a genuine memory failure, is inconsistent with the required intent.

How is perjury different from a false official statement under Article 107?
Perjury requires a lawful oath or a signed declaration under penalty of perjury and a material falsehood. Article 107 covers false official statements made without such an oath and is not limited to sworn or judicial settings.

Sources

10 U.S.C. § 931, Article 131: https://www.law.cornell.edu/uscode/text/10/931
28 U.S.C. § 1746 (unsworn declarations under penalty of perjury): https://www.law.cornell.edu/uscode/text/28/1746
Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20-%20TOC%20no%20index.pdf
United States v. Smith, 35 M.J. 138 (C.M.A. 1992): https://www.armfor.uscourts.gov/
Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

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