Making a false or inconsistent statement

(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section. (2) Except as provided in Subsection (6), an actor commits making a false or inconsistent statement if the actor: (a) makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and the actor does not believe the statement to be true if: (i) the falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing the public servant's official functions; or (ii) the statement is one that is authorized by law to be sworn or affirmed before a notary or other individual authorized to administer oaths; or (b) makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the actor to be true. (3) A violation of Subsection (2) is a class B misdemeanor. (4) (a) It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner. (b) It is a defense to prosecution under this section that the actor retracted the false statement before it became manifest that the falsity of the statement had been or would be exposed. (5) (a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's statement may not be established solely through contradiction by the testimony of a single witness. (b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or proved which of the statements are false but only that one or the other statement is false and not believed by the actor to be true. (6) Subsection (2) does not include obstructing a legislative proceeding, as described in Section 36-12-9.5.