(1) Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-501 apply to this section. (2) An actor commits making a false statement to be used in a preliminary hearing if the actor makes a false statement that: (a) the actor does not believe to be true; (b) the actor has reason to believe will be used in a preliminary hearing; and (c) the actor made after having been notified either verbally or in writing that: (i) the statement may be used in a preliminary hearing before a magistrate or a judge; and (ii) if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty. (3) A violation of Subsection (2) is a class A misdemeanor. (4) It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner. (5) A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."
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