Charged with perjury without specific action
<p>Suppose a person testifies, under oath, on two different occasions, as to certain events.  The two sworn testimonies are in direct and clear contradiction to each other.  For example, one time  Jane Doe testifies that Joe Smith <strong>was</strong> present at a crime scene, and the next testimony is that he <strong>was not</strong> (ever) present.</p>

<p>There is no independent way to determine which statement is true, and which is false.</p>

<p>Nevertheless, <strong>one</strong> of the statements <strong>must</strong> be false.  Can a charge of perjury be laid against Jane Doe in such a case, without specifying which actual testimony?  If a charge of perjury is impossible, are there other false statement charges that could be brought?</p>

<p>In Wisconsin, right after the perjury law, they have a law prohibiting "<a href="http://docs.legis.wisconsin.gov/document/statutes/946.32" rel="nofollow noreferrer">false swearing</a>".  It applies if a person:</p>

<blockquote>
  <p>Makes or subscribes 2 inconsistent statements under oath or affirmation or upon signing a statement pursuant to s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.</p>
</blockquote>

<p>So even if they couldn't actually get you for perjury, they could get you for violating this law.  Perjury and false swearing are both class H felonies, so you can expect the same punishment.</p>

<p>I am going to <em>guess</em> that the existence of this law suggests that it was needed to cover what would otherwise be a loophole in the perjury law, but I can't say for sure.</p>

perjury