Effective - 01 Jan 2017, 2 histories
575.040. Perjury — penalties. — 1. A person commits the offense of perjury if, with the purpose to deceive, he or she knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.
2. 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.
3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
(1) The person mistakenly believed the fact to be immaterial; or
(2) The person was not competent, for reasons other than mental disability or immaturity, to make the statement.
4. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement in the course of the official proceeding in which it was made provided he or she 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 a deposition or at previous trial, are made in the course of the same proceeding.
5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.
6. The offense of perjury committed in any proceeding not involving a felony charge is a class E felony.
7. The offense of perjury committed in any proceeding involving a felony charge is a class D felony unless:
(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony; or
(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 575 - Offenses Against the Administration of Justice
Section 575.010 - Definitions.
Section 575.020 - Concealing an offense — penalties.
Section 575.030 - Hindering prosecution — penalties.
Section 575.040 - Perjury — penalties.
Section 575.050 - False affidavit — penalties.
Section 575.060 - False declarations — penalty.
Section 575.070 - Proof of falsity of statements.
Section 575.080 - False reports — penalty.
Section 575.090 - False bomb report — penalty.
Section 575.095 - Tampering with a judicial officer — penalty.
Section 575.100 - Tampering with physical evidence — penalties.
Section 575.110 - Tampering with a public record — penalty.
Section 575.120 - False impersonation — penalties.
Section 575.130 - Simulating legal process — penalty.
Section 575.133 - Filing a nonconsensual common law lien — penalty.
Section 575.150 - Resisting or interfering with arrest — penalties.
Section 575.153 - Disarming a peace officer or correctional officer — penalty.
Section 575.159 - Aiding a sexual offender — applicability of section — penalty.
Section 575.160 - Interference with legal process — penalty.
Section 575.170 - Refusing to make an employee available for service of process — penalty.
Section 575.190 - Refusal to identify as a witness — penalty.
Section 575.195 - Escape from commitment, detention, or conditional release — penalty.
Section 575.200 - Escape or attempted escape from custody — penalty.
Section 575.205 - Tampering with electronic monitoring equipment, offense of — violation, penalty.
Section 575.206 - Violating a condition of lifetime supervision, offense of — violation, penalty.
Section 575.210 - Escape or attempted escape from confinement — penalties.
Section 575.220 - Failure to return to confinement — penalties.
Section 575.230 - Aiding escape of a prisoner — penalties.
Section 575.240 - Permitting escape — penalties.
Section 575.250 - Disturbing a judicial proceeding — penalty.
Section 575.260 - Tampering with a judicial proceeding — penalty.
Section 575.270 - Tampering with a witness or victim — penalties.
Section 575.280 - Acceding to corruption — penalties.
Section 575.290 - Improper communication — penalty.
Section 575.300 - Misconduct by a juror — penalty.
Section 575.310 - Misconduct in selecting or summoning a juror — penalty.
Section 575.320 - Misconduct in administration of justice — penalty.