Perjury FSS 837
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What is the meaning of 'official proceeding' according to the chapter?

  • A proceeding that is only heard by a notary public
  • A proceeding that is only heard by a judicial agency
  • A proceeding that is heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath (correct)
  • A proceeding that is not required to be heard by any agency or official

    • What is included in the definition of 'oath'?

  • Only affirmation
  • Only attestation required by law
  • Affirmation or any other form of attestation required or authorized by law (correct)
  • None of the above

    • What determines whether a matter is material in a given factual situation?

  • A question of law (correct)
  • The rules of evidence
  • The opinion of the person making the statement
  • The decision of the judge

    • What is the punishment for making a false statement, which one does not believe to be true, under oath, not in an official proceeding?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Is knowledge of the materiality of the statement an element of the crime of making a false statement under oath, not in an official proceeding?

    <p>No</p> Signup and view all the answers

    What is not a defense to the crime of making a false statement under oath, not in an official proceeding?

    <p>The defendant's mistaken belief that his or her statement was not material</p> Signup and view all the answers

    Who is authorized to take evidence under oath in an official proceeding?

    <p>Any legislative, judicial, administrative, or other governmental agency or official</p> Signup and view all the answers

    What type of matter can affect the course or outcome of a proceeding?

    <p>Any subject, regardless of its admissibility under the rules of evidence</p> Signup and view all the answers

    What is the punishment for perjury in an official proceeding under subsection (1) of section 837.02?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the key element of the crime of perjury under subsection (2) of section 837.02?

    <p>The statement relates to the prosecution of a capital felony</p> Signup and view all the answers

    What is the defense to a charge of perjury under section 837.021?

    <p>The accused believed each statement to be true at the time it was made</p> Signup and view all the answers

    What is the penalty for making false reports to law enforcement authorities under section 837.05?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for making false reports to law enforcement authorities if the person has previously been convicted of a violation under section 837.05?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the requirement for corrobration of the information given to the law enforcement officer under section 837.05?

    <p>All of the above</p> Signup and view all the answers

    What is the key element of the crime of perjury under section 837.02?

    <p>The statement is false</p> Signup and view all the answers

    What is the penalty for perjury under subsection (2) of section 837.02?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the exception to the prosecution of perjury under section 837.021?

    <p>If the contradictory statements are made under a grant of immunity</p> Signup and view all the answers

    What is the requirement for the prosecution of perjury under section 837.02?

    <p>All of the above</p> Signup and view all the answers

    What is the penalty for knowingly giving false information to a law enforcement officer concerning the alleged commission of a capital felony?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the penalty for knowingly and willfully giving false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger, and the child suffers great bodily harm, permanent disability, permanent disfigurement, or death?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the condition for recantation to be a defense to any prosecution for perjury or false statement?

    <p>The false statement has not substantially affected the proceeding</p> Signup and view all the answers

    What is the penalty for making a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    What is the penalty for knowingly and willfully giving false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the condition for recantation to be a defense to any prosecution for perjury or false statement?

    <p>The person making the false statement admits such statement to be false in the same continuous proceeding or matter</p> Signup and view all the answers

    What is the penalty for knowingly giving false information to a law enforcement officer concerning the alleged commission of a capital felony?

    <p>Punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What type of agency or official is authorized to take evidence under oath in an official proceeding?

    <p>Judicial, administrative, or other governmental agency</p> Signup and view all the answers

    What is the effect of making a false statement under oath, not in an official proceeding?

    <p>It is a misdemeanor of the first degree</p> Signup and view all the answers

    What is the characteristic of a material matter in an official proceeding?

    <p>It is a subject that could affect the course or outcome of the proceeding</p> Signup and view all the answers

    What is the consequence of making a false statement under oath, which one does not believe to be true, in an official proceeding?

    <p>It is a criminal offense, punishable as provided in the chapter</p> Signup and view all the answers

    What is included in the definition of an oath?

    <p>Any form of attestation required or authorized by law</p> Signup and view all the answers

    Who may be authorized to take evidence under oath in an official proceeding?

    <p>Any legislative, judicial, administrative, or other governmental agency or official</p> Signup and view all the answers

    What is the significance of the materiality of a statement in a criminal prosecution?

    <p>Knowledge of the materiality of the statement is not an element of the crime</p> Signup and view all the answers

    What is the basis for determining whether a matter is material in a given factual situation?

    <p>It is a question of law</p> Signup and view all the answers

    What is the penalty for knowingly giving false information to a law enforcement officer concerning the alleged commission of a capital felony?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the penalty for making a false statement in writing with the intent to mislead a public servant in the performance of their official duty?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What happens if the person making the false statement admits it to be false in the same continuous proceeding or matter?

    <p>Recantation is a defense to any prosecution for perjury or false statement</p> Signup and view all the answers

    What is the penalty for knowingly and willfully giving false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the condition for recantation to be a defense to any prosecution for perjury or false statement?

    <p>The false statement has not substantially affected the proceeding, or the admission is made before it has become manifest that the false statement has been or will be exposed</p> Signup and view all the answers

    What is the penalty for knowingly and willfully giving false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger, and the child suffers great bodily harm, permanent disability, permanent disfigurement, or death?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the penalty for making a false statement in writing with the intent to mislead a public servant in the performance of their official duty?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is the penalty for knowingly giving false information to a law enforcement officer who is conducting a missing person investigation?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    What is the degree of felony committed by someone who makes a false statement under oath in an official proceeding in regard to any material matter?

    <p>Third degree</p> Signup and view all the answers

    What is the penalty for perjury in an official proceeding that relates to the prosecution of a capital felony?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the defense to a charge of perjury under section 837.021?

    <p>Belief that the statement was true at the time it was made</p> Signup and view all the answers

    What is the penalty for knowingly giving false information to a law enforcement officer concerning the alleged commission of any crime?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Under what circumstances can a person be prosecuted under section 837.02 for making a false statement?

    <p>If the person makes a false statement under oath in an official proceeding</p> Signup and view all the answers

    What is the requirement for the prosecution of perjury under section 837.021?

    <p>Proof that the person willfully made the contradictory statements</p> Signup and view all the answers

    What is the exception to the prosecution of perjury under section 837.021?

    <p>If the person makes a contradictory statement in a separate proceeding under a grant of immunity</p> Signup and view all the answers

    What is the penalty for making false reports to law enforcement authorities if the person has previously been convicted of a violation under section 837.05?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the requirement for the corroboration of the information given to the law enforcement officer under section 837.05?

    <p>All of the above</p> Signup and view all the answers

    What is the key element of the crime of perjury under section 837.02?

    <p>Making a false statement under oath</p> Signup and view all the answers

    Study Notes

    Definitions

    • "Official proceeding" refers to a proceeding heard or required to be heard before a governmental agency or official authorized to take evidence under oath.
    • "Oath" includes affirmation or any other form of attestation required or authorized by law to testify truthfully in an official proceeding or other official matter.
    • "Material matter" means any subject that could affect the course or outcome of the proceeding, regardless of its admissibility under the rules of evidence.

    Perjury when not in an Official Proceeding

    • Making a false statement under oath, not in an official proceeding, regarding a material matter is a misdemeanor of the first degree.
    • Knowledge of the materiality of the statement is not an element of this crime.
    • The defendant's mistaken belief that the statement was not material is not a defense.

    Perjury in Official Proceedings

    • Making a false statement under oath in an official proceeding regarding a material matter is a felony of the third degree.
    • If the false statement relates to the prosecution of a capital felony, it is a felony of the second degree.
    • Knowledge of the materiality of the statement is not an element of the crime of perjury.
    • The defendant's mistaken belief that the statement was not material is not a defense.

    Perjury by Contradictory Statements

    • Willfully making two or more material statements under oath that contradict each other in one or more official proceedings is a felony of the third degree.
    • If the contradictory statements relate to the prosecution of a capital felony, it is a felony of the second degree.
    • The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.
    • The question of whether a statement was material is a question of law to be determined by the court.
    • It is not necessary to prove which, if any, of the contradictory statements is not true.
    • It is a defense that the accused believed each statement to be true at the time the statement was made.

    False Reports to Law Enforcement Authorities

    • Knowingly giving false information to a law enforcement officer concerning the alleged commission of any crime is a misdemeanor of the first degree.
    • If the person has previously been convicted of a violation of this section and certain conditions apply, it is a felony of the third degree.
    • If the false information concerns the alleged commission of a capital felony, it is a felony of the third degree.

    False Information to Law Enforcement during Investigation

    • Knowingly and willfully giving false information to a law enforcement officer during a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation is a misdemeanor of the first degree.
    • If the false information is given during a missing person investigation involving a child 16 years of age or younger and the child suffers great bodily harm, permanent disability, permanent disfigurement, or death, it is a felony of the third degree.

    False Official Statements

    • Knowingly making a false statement in writing with the intent to mislead a public servant in the performance of their official duty is a misdemeanor of the second degree.

    Recantation as a Defense

    • Recantation is a defense to any prosecution for perjury or false statement only if the person making the false statement admits it to be false in the same continuous proceeding or matter, and the false statement has not substantially affected the proceeding or the admission is made before it has become manifest that the false statement has been or will be exposed.

    Definitions

    • "Official proceeding" refers to a proceeding heard or required to be heard before a governmental agency or official authorized to take evidence under oath.
    • "Oath" includes affirmation or any other form of attestation required or authorized by law to testify truthfully in an official proceeding or other official matter.
    • "Material matter" means any subject that could affect the course or outcome of the proceeding, regardless of its admissibility under the rules of evidence.

    Perjury when not in an Official Proceeding

    • Making a false statement under oath, not in an official proceeding, regarding a material matter is a misdemeanor of the first degree.
    • Knowledge of the materiality of the statement is not an element of this crime.
    • The defendant's mistaken belief that the statement was not material is not a defense.

    Perjury in Official Proceedings

    • Making a false statement under oath in an official proceeding regarding a material matter is a felony of the third degree.
    • If the false statement relates to the prosecution of a capital felony, it is a felony of the second degree.
    • Knowledge of the materiality of the statement is not an element of the crime of perjury.
    • The defendant's mistaken belief that the statement was not material is not a defense.

    Perjury by Contradictory Statements

    • Willfully making two or more material statements under oath that contradict each other in one or more official proceedings is a felony of the third degree.
    • If the contradictory statements relate to the prosecution of a capital felony, it is a felony of the second degree.
    • The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.
    • The question of whether a statement was material is a question of law to be determined by the court.
    • It is not necessary to prove which, if any, of the contradictory statements is not true.
    • It is a defense that the accused believed each statement to be true at the time the statement was made.

    False Reports to Law Enforcement Authorities

    • Knowingly giving false information to a law enforcement officer concerning the alleged commission of any crime is a misdemeanor of the first degree.
    • If the person has previously been convicted of a violation of this section and certain conditions apply, it is a felony of the third degree.
    • If the false information concerns the alleged commission of a capital felony, it is a felony of the third degree.

    False Information to Law Enforcement during Investigation

    • Knowingly and willfully giving false information to a law enforcement officer during a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation is a misdemeanor of the first degree.
    • If the false information is given during a missing person investigation involving a child 16 years of age or younger and the child suffers great bodily harm, permanent disability, permanent disfigurement, or death, it is a felony of the third degree.

    False Official Statements

    • Knowingly making a false statement in writing with the intent to mislead a public servant in the performance of their official duty is a misdemeanor of the second degree.

    Recantation as a Defense

    • Recantation is a defense to any prosecution for perjury or false statement only if the person making the false statement admits it to be false in the same continuous proceeding or matter, and the false statement has not substantially affected the proceeding or the admission is made before it has become manifest that the false statement has been or will be exposed.

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    Description

    Learn about the definitions of official proceedings in the legal context, including the agencies and officials involved. Understand the scope of official proceedings and their applications.

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