per·ju·ry [pur-juh-ree]
noun, plural -ries.
to lie like a dog; the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry
- Elements:
- Oath - person must be under oath during his testimony;
- Intent - you lied and you knew you were lying like a dog;
- Falsity - must have made told or more lying statements, and;
- Materiality – the lie could or would influence the legal proceeding
Section 1621 and 1623 of Title XVIII of the United States Criminal Code sections 1621 and 1623 deal with the crime of perjury.
Title XVIII of the US Criminal Code section 1623, makes it a Federal offense to knowingly make a false statement about a material matter while under oath before a Federal court.
State laws on perjury:
Kentucky CHAPTER 523 PERJURY AND RELATED OFFENSES
523.020 Perjury in the first degree.
(1) A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or
(2) When he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510.
(3) Perjury in the first degree is a Class D felony.
Kentucky Class D felony- not less than 1 year nor more than 5 years per charge or in the case of perjury, per lie.
523.030 Perjury in the second degree.
(1) A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions.
(2) Perjury in the second degree is a Class A misdemeanor.
Class A misdemeanor – 3 to 12 months in jail per charger or in this case or perjury, per lie.
523.040 False swearing.
(1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law.
(2) False swearing is a Class B misdemeanor.
Class B misdemeanor – usually no jail time
523.050 Inconsistent statements.
(1) When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing.
Perjury
A. Perjury is the intentional making of a false written or oral statement in or for use in a judicial proceeding, any proceeding before a board or official, wherein such board or official is authorized to take testimony, or before any committee or subcommittee of either house or any joint committee or subcommittee of both houses of the legislature. In order to constitute perjury the false statement must be made under sanction of an oath or an equivalent affirmation and must relate to matter material to the issue or question in controversy.
