§ 4-109. Perjury in the second degree.
A. It shall be unlawful to:
1. Make any written statement which the declarant does not believe to be true; or
2. Purposely create a false impression in a written application for any benefit by omitting information necessary to prevent statements therein from being misleading; or
3. Submit or invite reliance on any writing which the declarant knows to be forged, altered or otherwise lacking in authenticity; or
4. Submit or invite reliance on any sample, specimen, map, boundary mark or other object which the declarant knows to be false.
B. A person is guilty of unsworn falsification if he makes a written false statement which the declarant does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.
C. It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
D. No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.
E. No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.
F. Perjury in the second degree shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed one year, or by banishment for not less than five years nor more than ten (10) years, or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten (10) years nor more than life. ONCA 11-43, eff. Apr. 5, 2011.