N.Y. Penal Law § 210.00: Perjury and related offenses; definitions of terms

§ 210.00 Perjury and related offenses; definitions of terms.

The following definitions are applicable to this article:

1. "Oath" includes an affirmation and every other mode authorized by

law of attesting to the truth of that which is stated.

2. "Swear" means to state under oath.

3. "Testimony" means an oral statement made under oath in a proceeding

before any court, body, agency, public servant or other person

authorized by law to conduct such proceeding and to administer the oath

or cause it to be administered.

4. "Oath required by law." An affidavit, deposition or other

subscribed written instrument is one for which an "oath is required by

law" when, absent an oath or swearing thereto, it does not or would not,

according to statute or appropriate regulatory provisions, have legal

efficacy in a court of law or before any public or governmental body,

agency or public servant to whom it is or might be submitted.

5. "Swear falsely." A person "swears falsely" when he intentionally

makes a false statement which he does not believe to be true (a) while

giving testimony, or (b) under oath in a subscribed written instrument.

A false swearing in a subscribed written instrument shall not be deemed

complete until the instrument is delivered by its subscriber, or by

someone acting in his behalf, to another person with intent that it be

uttered or published as true.

6. "Attesting officer" means any notary public or other person

authorized by law to administer oaths in connection with affidavits,

depositions and other subscribed written instruments, and to certify

that the subscriber of such an instrument has appeared before him and

has sworn to the truth of the contents thereof.

7. "Jurat" means a clause wherein an attesting officer certifies,

among other matters, that the subscriber has appeared before him and

sworn to the truth of the contents thereof.