Perjury

Perjury is lying under oath about something that matters. In Kentucky it is a crime to make a false statement under oath that you do not believe to be true. How serious the charge is depends on where the statement was made and whether it was material.

What “under oath” and “material” mean

An oath includes an affirmation or any other legally authorized way of attesting that a statement is true. A written statement counts as sworn when it is made on a form carrying an authorized notice that false statements are punishable, or when the person knowingly presents it as sworn before an officer who can administer oaths, such as a notary.

A false statement is material if it could have affected the outcome of the proceeding, whether or not it would have been admissible as evidence. The statute makes materiality a question of law for the court.

The offenses and their penalties

• Perjury in the first degree: a material false statement made under oath in an official proceeding, such as a trial, an administrative hearing or a deposition. It also covers false sworn statements in certain warrant applications. It is a Class D felony, punishable by one to five years in prison.
• Perjury in the second degree: a material false statement in a signed, sworn written document, made with intent to mislead a public servant in the performance of official duties. It is a Class A misdemeanor, punishable by up to 12 months in jail.
• False swearing: any false statement made under an oath required or authorized by law, whether or not it is material. It is a Class B misdemeanor, punishable by up to 90 days in jail.

Proof, honest mistakes and retraction

Each of these offenses requires a statement the person did not believe. An honest mistake or a faulty memory is not perjury. The law also sets a proof rule: a statement cannot be shown to be false solely through contradiction by the testimony of a single witness. When a person makes two sworn statements that contradict each other, the prosecution may charge them together and does not have to prove which one was false.

Retraction is a defense. A person is not guilty if he or she took back the false statement during the same proceeding, before it substantially affected the proceeding and before it became clear that the falsehood was or would be exposed. It is not a defense that the oath was administered in an irregular way.