Which of the following is NOT an element that must be proven to establish a penury offense?

The essential elements of perjury are: (1) the defendant was under a lawfully administered oath, (2) the defendant made a false statement, (3) the defendant knew the statement was false (willful intent), and (4) the statement was material to the proceeding. While perjury frequently occurs in a court of law, it is not the only venue. The offense can be committed in any official proceeding where an oath is legally required or authorized, such as a deposition, a grand jury hearing, an administrative hearing, or testimony before a legislative body. Therefore, the statement being made specifically "in a court of law" is not a required element.

A. A false statement must be material to the matter at hand to constitute perjury; trivial falsehoods are insufficient.
B. A statement cannot be perjurious unless it is made under a lawfully administered oath or affirmation.
C. The defendant must have known the statement was false, demonstrating the necessary criminal intent (mens rea).

1. Association of Certified Fraud Examiners (ACFE). (2023). Fraud Examiners Manual, International Edition. The ACFE. In the "Law" section, the elements of perjury are defined as requiring a statement under oath in an official proceeding, not exclusively a court of law. (Specific section: "Basic Principles of Law," subsection on "Obstruction of Justice Offenses").

2. Cornell Law School Legal Information Institute (LII). "Perjury." Wex Legal Dictionary/Encyclopedia. This resource, widely used in legal education, defines perjury under federal law (18 U.S.C. § 1621) as occurring before a "competent tribunal, officer, or person," not limited to a court.

3. LaFave, W. R. (2017). Criminal Law (6th ed.). West Academic Publishing. Chapter 21, Section 21.1(a), "Elements of Perjury," explains that the offense applies to oaths taken in a variety of judicial and quasi-judicial proceedings.

4. Garner, B. A. (Ed.). (2019). Black's Law Dictionary (11th ed.). Thomson Reuters. The definition of "perjury" specifies the act occurs in a "duly qualified legal proceeding," which is a broader category than only a court of law.