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21-2-560 False Statements

OCGA 21-2-560 makes it a misdemeanor for any person to make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined or acted upon by a public official.

It is worth noting that there are other false swearing offenses under Georgia law and even the elections code.  Where those other sections have specific requirements that are present in a case, the other sections will likely prevail, even if they are felonies rather than misdemeanors.

In Hogan v. State (2012), the false statement was made in a notice of candidacy.  Because OCGA 21-2-565 addresses false swearing in notices of candidacy, it was the controlling offense and that the court was not obligated under the rule of lenity of sentencing under OCGA 21-2-565. That meant that the defendant was sentenced for a felony instead of a misdemeanor. 

So, this section comes last behind any more specific false swearing offense.


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