Sec. 37.04. MATERIALITY. (a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.
(b) It is no defense to prosecution under Section 37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement to be immaterial.
(c) Whether a statement is material in a given factual situation is a question of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Structure Texas Statutes
Title 8 - Offenses Against Public Administration
Chapter 37 - Perjury and Other Falsification
Section 37.03. Aggravated Perjury
Section 37.06. Inconsistent Statements
Section 37.07. Irregularities No Defense
Section 37.081. False Report Regarding Missing Child or Missing Person
Section 37.082. Misrepresenting Child as Family Member at Port of Entry
Section 37.09. Tampering With or Fabricating Physical Evidence
Section 37.10. Tampering With Governmental Record
Section 37.101. Fraudulent Filing of Financing Statement
Section 37.11. Impersonating Public Servant
Section 37.12. False Identification as Peace Officer; Misrepresentation of Property
Section 37.13. Record of a Fraudulent Court
Section 37.14. False Statement Regarding Child Custody Determination Made in Foreign Country