In short, a false statement is perjury when it is made under oath or made under penalty of perjury. Two separate statutes define the crime of perjury under federal law.
Both statutes, 18 U.S.C. §1621 and 18 U.S.C. §1623, criminalize essentially the same conduct. An individual commits perjury when, under oath, he willfully (under §1621) or knowingly (under §1623) makes a false statement as to a material matter:
- To successfully prosecute an individual for perjury, the government must prove that the statements are false. Thus, a statement that is literally true, even if misleading or nonresponsive, cannot be charged as perjury. In a prosecution under §1621, the government is required to prove that the statement is false. By contrast, §1623 permits conviction for perjury so long as the government can prove that the defendant made two statements that are sufficiently inconsistent that one of them is necessarily false. In other words, in a prosecution under §1623, the government does not need to prove that the statement was false; it need only prove both of them cannot be true.
- Section 1621 requires that the defendant acted willfully, while 1623 requires that the defendant acted knowingly. In practice, the two elements require essentially the same thing: that the defendant be aware he is under oath and required to tell the truth. Additionally, the defendant must, at the time he made the statements, know that the statements are false. Thus, if an individual was confused about the meaning of the oath, he cannot be convicted of perjury. Likewise, he has not committed perjury if he did not believe his statements were false at the time he made them.
- The false statements must also be material. A statement is material if it is capable of influencing the decision of the decision-making body to which it is addressed. To meet this requirement, the statement does not need to actually influence the decision; it is enough if the statement is merely capable of having such influence.
An individual can be prosecuted for perjury under §1621 no matter where he made the statements, so long as he has been placed under oath by an individual authorized to administer the oath under federal law, or makes the statements subject to the penalty of perjury. For example, the perjury statute applies to deposition testimony in a civil case, to testimony given during a court hearing or regulatory proceeding, and to testimony given before Congress, among other proceedings.
The second perjury statute, 18 U.S.C. §1623, does not apply nearly as broadly. False statements can be prosecuted as perjury under §1623 only if they are made in any proceeding before or ancillary to a federal court or grand jury.
There are other differences, too. Under the “two witness” rule, a conviction for perjury under §1621 cannot be based on the uncorroborated testimony of one witness. A vestige of the common law crime of perjury, the “two witness” rule requires the government to put forth independent corroborating evidence of the defendant’s guilt. Because §1623 does not derive from the common law, the “two witness” rule does not apply.
Additionally, while §1621 applies only to a person’s own statements, the reach of §1623 extends not only to the defendant’s own statements, but to the defendant’s use of written materials that contain false statements.
Allegations of perjury are often at the center of political and other scandals. As the federal government investigates allegations of wrongdoing, politicians and celebrities have a natural tendency to downplay their involvement when testifying before Congress or a grand jury. To prosecutors, that may look like perjury, and a number of well-known criminal cases involved perjury charges.
For example, Major League Baseball players Barry Bonds and Roger Clemens, and track star Marion Jones, were all charged with perjury arising from investigations into performance enhancing drugs; Jones was convicted. Former vice-presidential chief of staff Scooter Libby was convicted of perjury in connection with his grand jury testimony during the investigation into the leaking of the identity of a CIA operative. And rapper Lil’ Kim was convicted of perjury arising from false statements she made to a grand jury about a shooting she had witnessed.
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FAQs
If a witness knowingly lies about something important that could change the case outcome, they commit perjury. The law requires proof that the person understood the question asked and chose to mislead or lie in their answer. It's not enough to prove that the statement was false; it must be intentionally misleading.
What is the difference between perjury and false statements? ›
DIFFERENCES BETWEEN PERJURY & MAKING FALSE STATEMENTS
And for perjury, the statement must be literally false and made with intent to deceive or mislead. In contrast, making false statements applies when people lie to the government regardless of whether it's under oath or not.
Is perjury difficult to prove? ›
To prove perjury, you must show that someone intentionally lied under oath. Because this is often very difficult to prove, perjury convictions are rare. If you believe someone has committed perjury, gather as much information as you can and contact law enforcement as soon as possible.
What does the crime of perjury require that the false statement must be in regards to a material fact? ›
The false statements must contain a material fact that substantially affects the adjudication (procedure or the outcome) of the proceeding. In addition, the false or misleading statement must be a deliberate and voluntarily made statement by the person charged with perjury.
Is it perjury if you didn't know you were lying? ›
Essentially, if the defendant gave false testimony based on a reasonable mistake of fact (and they did not honestly know it was based on a lie), then perjury was not committed. Instances where an individual unwittingly gave a dishonest statement while under oath might be considered as a valid accident defense.
How is perjury proven? ›
The elements of perjury are (1) that the declarant took an oath to testify truthfully, (2) that he willfully made a false statement contrary to that oath (3) that the declarant believed the statement to be untrue, and (4) that the statement related to a material fact. It is easy to prove that a declarant took an oath.
Why is perjury never prosecuted? ›
It must convince the jury that one of the statements is false. Yet, the state cannot obtain a perjury conviction only upon one testifying witness's statement contradicting the defendant's testimony. Perjury is rarely charged, and it is difficult for prosecutors to prove.
How do you get out of perjury? ›
Possible Defenses
- You didn't really intend to lie. You simply misremembered, misunderstood, or misinterpreted events in question. ...
- The facts you provided were not material to the case. ...
- If, during a continuous proceeding you choose to recant previous testimony, you cannot be charged with perjury.
Willfully and Intentionally
The second element of any perjury charge is intent. You shouldn't be convicted of perjury if you accidentally gave false testimony. Perjury occurs when somebody intentionally and willfully misleads in their sworn statements or testimony.
Is pleading innocent perjury? ›
Pleading not guilty at a preliminary hearing would not make it perjury, as you are not under any type of oath to speak the truth. In this case, if it were even close to perjury, you would have to testify against yourself. Then you would be under an oath to speak the truth.
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.
What is the two witness rule for perjury? ›
The two witness rule, however, does not require two witnesses to every perjurious statement. The falsity of the perjurious statement may be established either by the testimony of two independent witnesses or by one witness and independent corroborating evidence that is inconsistent with the innocence of the accused.
How to prove a witness is lying? ›
Understanding What Lawyers Look for to see If a Witness is Lying
- Premise. ...
- Verbal Indicators. ...
- No Response/Non-Responsive. ...
- Delayed Response. ...
- Repeating the Question. ...
- No Denial. ...
- Overly Specific/Overly Vague. ...
- Protest Statements.
Provide evidence of what happened.
The best way to prove to someone that you are not lying is to offer the person evidence that directly contradicts the claim. If you can think of any way to demonstrate your truthfulness, do so by backing up your statements with credible proof.
What is not perjury? ›
To successfully prosecute an individual for perjury, the government must prove that the statements are false. Thus, a statement that is literally true, even if misleading or nonresponsive, cannot be charged as perjury.
What are the three types of perjury? ›
Within federal jurisdiction, statements made in two broad categories of judicial proceedings may qualify as perjurious: 1) Federal official proceedings, and 2) Federal Court or Grand Jury proceedings. A third type of perjury entails the procurement of perjurious statements from another person.
What are the three elements of perjury? ›
Definition of Perjury
The person made a statement that was not true; The person knew the statement to be untrue; The person made the false statement willfully; and. The subject matter of the statement was material to the proceeding in which it was made.
