  According to the statement condition, it is not possible to lie by omitting to make a statement (Mahon 2003; Griffiths 2004, 33). So-called ‘lies of omission’ (or ‘passive lying’ (Opie 1825)) are not lies (Douglas 1976, 59; Dynel 2011, 154). All lies are lies of commission. It is possible for a person to lie by remaining ‘silent,’ if the ‘silence’ is a previously agreed upon signal with others that is equivalent to making a statement (Fried 1978, 57). However, such a lie would not be a ‘lie of omission’ (see People v. Meza (1987) in which, on the basis of Californian Evidence Code that “‘Statement’” included “nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression,” prospective juror’s Eric Luis Meza’s silence and failure to raise his hand in response to questions was “taken for a negative answer, i.e., a negative statement” (People v. Meza 1987, 1647) and he was found guilty of perjury).