When Is Lying Illegal?
Obviously when you like big butts you can’t lie, but how dishonest can you be in other situations? Pretty dishonest, it turns out. In most everyday circumstances, you can be as two-faced as you want, and no one can throw you in jail for it – you can tell people that your uncle works for Nintendo, or that your hand is made of chocolate, and it’s not a crime (usually). The First Amendment gives us broad freedom to say whatever we want, even if it’s nonsense, but there are exceptions – and lying when you’re not legally allowed can have dire consequences. Here’s a guide to when lying can lead to jail time, fines, and general shame.
It’s not good to lie in such circumstances.
Laws vary from jurisdiction to jurisdiction, and there is always room for exceptions to any of these situations, but in general, here are the main situations where lying is illegal.
Participating in a federal investigation
Under 18 U.S. Code § 1001, you can be fined or incarcerated for “any materially false, fictitious, or fraudulent statement or representation” in “any matter within the jurisdiction of the executive, legislative, or judicial branch of the government of the land.” United States.” Pretty wide, right? You don’t need to be under oath, and you don’t need to know that the person you’re lying to is a federal agent – it could be a casual conversation at McDonald’s. People have been convicted under this law for lying to people who weren’t even part of the government.You also shouldn’t be guilty of a major crime that the feds are investigating.Martha Stewart, Scooter Libby, and George Papadopoulos were defeated because of this law.
When under oath
You cannot lie in court. Perjury is a serious crime. The finer details vary from state to state and situation to situation, but knowingly making false statements under oath is almost always a felony. And it’s not just about lying in criminal court – you can be charged with perjury for lying under oath in civil deposition, affidavits or declarations. Oh, and lie to Congress .
When you are under arrest
The fine details vary from jurisdiction to jurisdiction, but in the United States you can be prosecuted for lying to the police if you are arrested, even if you are lying about your involvement in a crime. That’s why you can’t tell cops anything other than “I’m quiet” and “I need a lawyer.”
When you are “lawfully detained” by the police
As a general rule, you can exercise your right to remain silent when dealing with the police, but there are exceptions. You may be required to give the police your name or driver’s license and registration if you are in a car, sometimes upon request, and sometimes if you are “lawfully detained”, depending on the state. If you lie in this situation, it could very well be a crime. If you are talking to a police officer who is not investigating a crime and you are not arrested or detained, it is no more illegal to lie to him than to anyone else. So feel free to give fake numbers to the police officer on duty who wants to date you.
If you are asked about a crime you have witnessed
Do not lie to the police to protect your friend who has committed a crime, or in general any time the police are investigating a crime. Depending on your state, you may be charged with obstruction of justice, complicity after the fact, making false statements, and more. Fortunately, you are generally not required to help the police with their investigations. Other than providing your name or driver’s license and registration (if you’re driving), you usually don’t need to talk to the police at all. So don’t offer any information. Instead of saying, “He was with me when the liquor store was robbed,” say, “I want to keep quiet.”
When filing a police report
Making a false report to the police is a crime.
On many types of financial disclosure documents, including your taxes
The specifics of financial documents about which you cannot lie are too broad to go into (and if you are a corporate officer assigned to do so, you should not receive information about it from this website). but we all file tax returns. Knowingly and voluntarily lying on them can be a crime.
when you advertise something
Various state and federal laws make it a crime to provide inaccurate or misleading information (or omit certain types of information) from advertisements. Advertisers have some serious leeway in claims that are almost lies, or claims that are “lush”, so don’t expect them to bust Giuseppe because he didn’t actually serve you the best pizza in the world.
If you commit fraud
It’s a small difference, but if you’re lying to commit fraud or some other crime, the lie itself isn’t the illegal part. This crime for which you are lying is illegal. So you won’t be charged with anything for telling people you’re a doctor, but if they pay you and you give them a nose job, you’ve probably committed two crimes (at least).
Prison is not the only possible consequence of lying.
The First Amendment makes it illegal for the government to charge you with the crime of lying in most situations, but civil consequences are something else. There are too many ways in which dishonesty can lead to you being sued and too many details to go into, but it’s all very simplistic: if your lying results in some harm to others, they can sue take you to court, whether it’s a deliberate lie or a lie of inaction, so be aware of the consequences of your actions, watch your language, and only try to deceive those who don’t have the means to obtain legal redress. Or just don’t lie to anyone.