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Misconduct & Prohibited Acts

Perjury in the second degree requires a false statement in:

A

Any casual conversation with a public employee

B

A subscribed written instrument for which an oath is required by law, made with intent to mislead a public servant and material to the matter

C

Any deed regardless of oath or materiality

D

Testimony in court, and nothing else

Correct Answer

B. A subscribed written instrument for which an oath is required by law, made with intent to mislead a public servant and material to the matter

AI Explanation

Second-degree perjury centers on a sworn writing, not testimony. Penal Law §210.10 requires a false statement in a subscribed written instrument for which an oath is required by law, made with intent to mislead a public servant and material to the matter; it is a class E felony. Unlike first-degree perjury under §210.15, the false statement here is not testimony.

Misconduct & Prohibited Acts Question #260
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