Perjury Laws

When most people think of perjury, they imagine a witness lying during a trial. While this falls within the definition of perjury, the crime extends more broadly. Criminal codes take perjury seriously, often imposing years in prison upon a conviction. Someone suspected of perjury should consult a lawyer, even if they have not been formally charged. They should refrain from telling their side of the story to the police or prosecutors in the meantime. Even if they are confident in their innocence, this could unknowingly harm their defense.

What Is Perjury?

Perjury usually involves making a false statement under oath or on a certain type of document.

Elements of Perjury

In general, a prosecutor pursuing a perjury charge will need to show that the defendant made a false statement in one of two contexts. The defendant may have made the statement after swearing to tell the truth in a court or another official setting. Or the defendant may have made the statement in a document that they signed "under penalty of perjury," such as a tax return or bankruptcy form.

The prosecutor also must show that the defendant lied knowingly. If they innocently misremembered something, this is not perjury. Finally, the statement often must be material, which means that it must be something that could affect the proceeding or decision. If a witness says something irrelevant, this may not be perjury even if they knowingly lied.

Example of Perjury

Phil takes the stand to testify in a car accident case. The lawyer asks him whether the defendant had a red light when she entered the intersection. Phil saw that the light was red, but he has a crush on the defendant, so he says that it was green in an effort to get her off the hook.

Now consider another situation in which the lawyer asks Phil whether the light was red. Phil truthfully says that it was red, while adding untruthfully that he has seen other people run the red light there. This might not be perjury because it is not material to whether the defendant was at fault.

Offenses Related to Perjury

Some other offenses that might be charged in situations similar to those supporting a perjury charge include:

• Bribery: perhaps someone was paid to lie under oath
• Blackmail or extortion: perhaps someone was coerced into lying under oath
• Fraud: using a falsehood, deceit, or misrepresentation to gain a benefit
• Tax evasion: could take the form of committing perjury on a tax return

A prosecutor might list multiple charges in an indictment and then negotiate with the defendant over dropping some charges in exchange for guilty pleas to others.

Defenses to Perjury

Since perjury involves several specific elements, a defendant might avoid a conviction by attacking any of these elements. For example, they might argue that their statement was not material or that they believed that it was true. Perhaps they misunderstood a question to which they responded.

Some states allow a defense if the defendant “recanted” the statement, which means that they acknowledged that it was false and corrected it. Certain limits usually apply to this defense. Under Florida Statutes Section 837.07, for example, the person who made the false statement must admit the statement to be false in the same continuous proceeding or matter, and either the false statement did not substantially affect the proceeding or the admission was made before it became obvious that the false statement would be exposed.

Penalties for Perjury

Perjury is often a felony. Here are some examples of sentencing ranges under the main perjury statutes in various states:

• Arizona: 1.5-3 years (2.5 years presumptive)
• California: 2, 3, or 4 years
• Florida: up to 5 years (perjury in official proceeding); up to 1 year (perjury not in official proceeding)
• Illinois: 2-5 years
• Michigan: up to 15 years
• Pennsylvania: up to 7 years
• Texas: 2-10 years (perjury in official proceeding); up to 1 year (perjury not in official proceeding)
• Virginia: 1-10 years (or up to 12 months in jail at discretion of judge or jury)

Meanwhile, the main federal perjury statute carries up to five years of imprisonment. 18 U.S. Code Section 1621 describes when this offense may be charged.

Last reviewed September 2024