West Virginia Code § 61-5-2

False swearing defined
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To wilfully swear falsely, under oath or affirmation lawfully administered, in a trial of the
witness or any other person for a felony, concerning a matter or thing not material, and on
any occasion other than a trial for a felony, concerning any matter or thing material or not
material, or to procure another person to do so, is false swearing and is a misdemeanor.

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