A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:

1. (1) Made in a written instrument for which an oath is required by law; and
2. (2) Made with intent to mislead a public servant in the performance of official functions; and
3. (3) Material to the action, proceeding or matter involved.

Perjury in the second degree is a class F felony.

11 Del. C. 1953, § 1222; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1