Perjury FSS 837

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.