Perjury

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Perjury is a Class A Misdemeanor

Statute(s)

§ 37.02. PERJURY. (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

Caselaw

Collateral Consequences

Perjury is a Crime of Moral Turpitude

This offense is listed as a deportable offense for non-citizen residents.

Notes

The only difference between Perjury and Aggravated Perjury is whether the statement is material, which is to say, whether the statement was important to the case at hand. For instance, if Bob is charged with stealing his brother Kyle's car, and Bob's girlfriend Lisa testifies in Bob's defense, saying falsely that at the time of the theft, she and Bob were out of the country, then that false statement is material, because it can have an effect on the outcome of the case. If she were to testify falsely that the victim of the theft, Kyle, is Bob's cousin, not his brother, then that false statement might not be material, because it has nothing to do with whether Bob stole Kyle's car.

Materiality can be tricky, and it is a legal determination to be made by the judge considering all of the facts and circumstances of the case. It is no defense to Aggravated Perjury that the witness did not think the lie was material. But, it is important to note that if a witness retracts his or her false statement before the close of his or her testimony, or before the statement is discovered to be false, then the witness has a defense to the perjury (or aggravated perjury).

Discuss this offense with The Law Office of Alison Grinter