Observation & ReportsQuestion 144 of 200

Penal Code §118 (perjury) penalizes willfully testifying falsely under oath about a material matter. For a security guard testifying in court or signing an incident report under penalty of perjury, the practical impact is:

a.Perjury applies only to peace officers and other public employees who testify in the course of their official duties, so a private guard's testimony falls outside the statute altogether even when it is given under oath in open court before a judge and jury
b.Willful false testimony under oath — or false statements in a document signed under penalty of perjury — is a felony punishable by 2, 3, or 4 years (PC §126), can result in guard-card revocation, ends a security career, and exposes the guard to civil and criminal consequences; honesty and 'I don't recall' answers are always preferable to fabrication
c.Perjury convictions never result in jail time in California, because the offence is treated as an interference with the administration of justice rather than as a crime committed against a person or against property, and is punished by a fine
d.False statements in incident reports are protected by qualified privilege regardless of malice, so a guard who writes something untrue in a report cannot afterwards be prosecuted for it or sued over it by the person it concerns

Explanation

PC §118 makes willful false statement under oath about a material matter a felony, punishable under PC §126 by 2, 3, or 4 years in state prison. The statute reaches court testimony, deposition testimony, and any document signed 'under penalty of perjury.' For guards, perjury convictions are career-ending: BSIS may revoke the guard card and registration (BPC §7583.22, §7583.33), and the conviction follows the guard's record. The defense is simple: tell the truth, and when memory fails, say so. Qualified privilege (d) does not protect knowing false statements, which are made with malice. Perjury applies to all persons under oath (a), not just peace officers.

Law Reference: Cal. Penal Code §118

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