(a) A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely or procures another to testify falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, the Legislature or either House or a committee thereof, public body, notary public, or other officer authorized to administer oaths.
(b) A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter, or proceeding.
(c) Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
(1) the defendant mistakenly believed the fact to be immaterial or
(2) the defendant was not competent for reasons other than mental disability or immaturity to make the statement.
(d) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing at the taking of a deposition or at previous trial are made in the course of the same proceeding.
(e) The defendant shall have the burden of injecting the issue of retraction under subsection (d).
(f) Perjury committed in any proceeding not involving a felony charge is a class D felony.
(g) Perjury committed in any proceeding not involving a felony charge is a class C felony unless:
(1) it is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, then it is a class A felony; or
(2) it is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, then it is a class B felony.History:1979, PL 16-43 § 2; amd 1988, PL 20-78.
Research Guide: MCC 575.040, 15 ASC 504, 15 ASC 821.