Is materiality an essential element of the crime of perjury?
California, United States of America
The following excerpt is from People v. Lucero, 254 Cal.Rptr.3d 233, 41 Cal.App.5th 370 (Cal. App. 2019):
Defendant relies on the premise that, "[s]ince early common law, materiality has been considered an essential element of the crime of perjury." ( People v. Kobrin (1995) 11 Cal.4th 416, 419, 45 Cal.Rptr.2d 895, 903 P.2d 1027 (Kobrin ).) Materiality is indeed an essential element of the crime of perjury; it expressly appears in the statute. (See fn.10, ante .) However, section 134 does not contain any such requirement.
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