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Florida Statute 837.021 | Lawyer Caselaw & Research
F.S. 837.021 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 837
PERJURY
View Entire Chapter
F.S. 837.021
837.021 Perjury by contradictory statements.
(1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) In any prosecution for perjury under this section:
(a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.
(b) The question of whether a statement was material is a question of law to be determined by the court.
(c) It is not necessary to prove which, if any, of the contradictory statements is not true.
(d) It is a defense that the accused believed each statement to be true at the time the statement was made.
(4) A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury.
History.s. 1, ch. 72-314; s. 56, ch. 74-383; s. 34, ch. 75-298; s. 2, ch. 85-41; s. 4, ch. 97-90; s. 1312, ch. 97-102.

F.S. 837.021 on Google Scholar

F.S. 837.021 on Casetext

Amendments to 837.021


Arrestable Offenses / Crimes under Fla. Stat. 837.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

S837.021 1 - PERJURY - CONTRADICTORY STATEMENTS OFFICIAL PROCEEDING - F: T
S837.021 2 - PERJURY - PROSECUTION CAP FELONY CONTRADICT STATEMENTS - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

WARE, v. STATE, 159 So. 3d 192 (Fla. Dist. Ct. App. 2015)

. . . See § 837.021(1), Fla. Stat.; see also Sevin v. . . .

DUCKETT, v. STATE, 148 So. 3d 1163 (Fla. 2014)

. . . trial witness recanted her testimony requires that Duckett be granted a new trial; and (D) section 837.021 . . . Validity of Perjury Statute In his final claim, Duckett contends that section 837.021, Florida Statutes . . . Therefore, he argues that section 837.021 is invalid. . . .

WARE, v. STATE, 111 So. 3d 257 (Fla. Dist. Ct. App. 2013)

. . . It is unclear from the record before us whether she was prosecuted for a violation of section 837.021 . . . The investigator claimed the victim was charged with a violation of section 837.021, perjury by contradictory . . . instead of citing section 837.012, for perjury not in an official proceeding, it should be section 837.021 . . .

SUAREZ, v. BENIHANA NATIONAL OF FLORIDA CORP., 88 So. 3d 349 (Fla. Dist. Ct. App. 2012)

. . . official proceedings (Section 837.02, Florida Statutes) and perjury by contradictory statements (Section 837.021 . . .

STATE v. MITRANI R., 19 So. 3d 1065 (Fla. Dist. Ct. App. 2009)

. . . thereby, exposing them to prosecution for perjury by contradictory statements in violation of section 837.021 . . . More specifically, section 837.021(4), provides that a person may not be prosecuted for making contradictory . . .

FLORIDA EVERGREEN FOLIAGE v. E. I. DUPONT DE NEMOURS AND COMPANY, a, 336 F. Supp. 2d 1239 (S.D. Fla. 2004)

. . . official proceedings and by contradictory statements in violation of Florida Statues §§ 837.02 and 837.021 . . . Corrigenda at Exh. 5 ¶¶ 23, 25, 28, alleging violations of Fla Stats. §§ 817.034(4)(a) and (b), 837.02 and 837.021 . . .

P. ARZUMAN, a k a P. a k a P. v. SAUD Al-, 843 So. 2d 950 (Fla. Dist. Ct. App. 2003)

. . . . § 837.021(1), Fla. Stat. (2000). . . .

STATE v. CALABRESE,, 840 So. 2d 1068 (Fla. Dist. Ct. App. 2003)

. . . Similarly, section 837.021, Florida Statutes, defines perjury by contradictory statements as “whoever . . .

ADAMS, v. STATE, 727 So. 2d 983 (Fla. Dist. Ct. App. 1999)

. . . . § 837.021, Fla. Stat. (1997). . . . .

STATE v. A. ELLIS,, 723 So. 2d 187 (Fla. 1998)

. . . . § 837.021(2), Fla. . . .

SARRAIN, v. STATE, 632 So. 2d 1063 (Fla. Dist. Ct. App. 1994)

. . . See § 914.04, Fla.Stat. (1993); § 837.021, Fla.Stat. (1993). . . .

LEHMAN, v. STATE, 602 So. 2d 610 (Fla. Dist. Ct. App. 1992)

. . . Florida Statutes (1989), and in count II with perjury by contradictory statements in violation of section 837.021 . . .

STATE v. FEAGLE,, 600 So. 2d 1236 (Fla. Dist. Ct. App. 1992)

. . . December 1, 1989, Feagle committed perjury by inconsistent statements (Count I), in violation of section 837.021 . . . Section 837.021(3), Florida Statutes (1989), provides that “[i]n any prosecution for perjury by inconsistent . . . or intent concerning the contradictory statements is relevant and material, however, because section 837.021 . . . the state could not prove Feagle 1) willfully made contradictory statements in violation of section 837.021 . . .

STATE v. J. BARBUTO,, 571 So. 2d 484 (Fla. Dist. Ct. App. 1990)

. . . charging the appellee with one count of perjury by inconsistent statements in violation of section 837.021 . . . State, 52 So.2d 105 (Fla.1951); § 837.021, Fla.Stat. (1987). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . CATEGORY 2 Perjury if official proceeding — 837.02 None None Perjury by contradictory statements — 837.021 . . .

FERRIS, v. STATE, 489 So. 2d 174 (Fla. Dist. Ct. App. 1986)

. . . . § 837.021, Fla.Stat. (1983). (1) Whoever, in one or more official proceedings, willfully makes two . . .

STATE v. MOORE,, 485 So. 2d 1279 (Fla. 1986)

. . . .” § 837.021(3), Fla.Stat. (1981). . . .

SEVIN, v. STATE, 478 So. 2d 521 (Fla. Dist. Ct. App. 1985)

. . . Appellant was charged with perjury by contradictory statements, a violation of section 837.021, Florida . . . statements of appellant were under oath, we pass to the broader issue of whether prosecution under section 837.021 . . . Moreover, prior to its amendment by the enactment of chapter 74-383, Laws of Florida (1974), section 837.021 . . . Prior to the 1974 amendment, section 837.021 prohibited perjury by contradictory statements when made . . . Sections 53 and 56 of chapter 74-383 amended section 837.021 to prohibit contradictory statements when . . .

BAKER, v. STATE, 480 So. 2d 659 (Fla. Dist. Ct. App. 1985)

. . . of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021 . . .

NESSMITH, v. STATE, 472 So. 2d 1248 (Fla. Dist. Ct. App. 1985)

. . . perjury by making contradictory statements under oath in an official proceeding, in violation of section 837.021 . . .

STATE v. L. FOWLER,, 466 So. 2d 210 (Fla. 1985)

. . . The state charged Fowler with a violation of section 837.021, Florida Statute (1981), perjury by contradictory . . . A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021 . . . of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021 . . .

STATE v. A. WITTE,, 451 So. 2d 950 (Fla. Dist. Ct. App. 1984)

. . . convicted of perjury by contradictory sworn statements in official proceedings in violation of Section 837.021 . . .

FOWLER, v. STATE, 447 So. 2d 296 (Fla. Dist. Ct. App. 1984)

. . . The state then charged Fowler with perjury by contradictory statements in violation of section 837.021 . . . The Doe case mandates dismissal of the information charging Fowler with a violation of section 837.021 . . . A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021 . . .

L. JAFFE, v. STATE, 438 So. 2d 72 (Fla. Dist. Ct. App. 1983)

. . . See § 837.021(2), Fla.Stat. (1981); Wolfe v. State, 271 So.2d 132 (Fla.1972). . . . .

TAFERO, v. STATE, 406 So. 2d 89 (Fla. Dist. Ct. App. 1981)

. . . recantation is less justified than once it might have been in light of the passage in 1972 of Section 837.021 . . .

THE FLORIDA BAR, v. DOE, THE FLORIDA BAR, v. ROE,, 384 So. 2d 30 (Fla. 1980)

. . . any subsequent criminal proceedings for perjury by inconsistent statements in violation of section 837.021 . . . given by them proved to be inconsistent with any earlier testimony, the criminal sanctions of section 837.021 . . . an inadvertent inconsistent statement which would subject them to criminal prosecution under section 837.021 . . . previously made by them under oath in 1974 and 1975 as a basis for prosecution of them under section 837.021 . . .

T. R. CARTER, v. STATE, 384 So. 2d 1255 (Fla. 1980)

. . . The State counters that Sherman, supra, and section 837.021(1), Florida Statutes, have effectively abolished . . . As to the State’s contention that section 837.021(1), has effectively abolished the defense of recantation . . . This Court cannot find, and does not believe, the Legislature by enacting section 837.021(1) ever intended . . . State [354 So.2d 597] wherein a closely divided Supreme Court upheld the constitutionality of section 837.021 . . . In doing so, we specifically hold that section 837.021(1), Florida Statutes, has not abolished the defense . . .

MITCHELL, v. STATE, 359 So. 2d 906 (Fla. Dist. Ct. App. 1978)

. . . This is an appeal from a conviction of perjury by contradictory statements under Section 837.021, Florida . . . Section 837.021(3), Florida Statutes (1977); Brown v. State, 334 So.2d 597 (Fla.1976). . . .

STATE v. NEWSOME,, 349 So. 2d 771 (Fla. Dist. Ct. App. 1977)

. . . dismiss an information charging her with perjury by contradictory statements in violation of Section 837.021 . . .

FELDMAN, v. STATE, 348 So. 2d 415 (Fla. Dist. Ct. App. 1977)

. . . Upon the advice of counsel that he would be subject to prosecution under Section 837.021, Florida Statutes . . .

JOHNSON, a k a v. STATE, 343 So. 2d 110 (Fla. Dist. Ct. App. 1977)

. . . Thus, she was amenable to a charge of perjury by contradictory statements under Section 837.021, Florida . . .

McCOY, v. STATE, 338 So. 2d 52 (Fla. Dist. Ct. App. 1976)

. . . Perjury by contradictory statements, as set forth by Section 837.021, Florida Statutes 1975, consists . . .

STATE v. STOCKSDALE, 44 Fla. Supp. 191 (Leon Cty. Cir. Ct. 1976)

. . . perjury in a judicial proceeding, F.S. 837.02, and one count of perjury by contradictory statements, F.S. 837.021 . . . AS TO COUNT H Count II is dismissed because F.S. 837.021 is unconstitutional as applied to this case, . . . aspect of compulsion of his testimony by the state through the unconstitutional process inherent in §837.021 . . . yields his precious birthright and swears he believed each statement true at the time he made it, §837.021 . . . since the jury need not find which of the statements is false because the state need not prove it, §837.021 . . .

BROWN, III, v. STATE, 334 So. 2d 597 (Fla. 1976)

. . . This is an appeal from an adjudication of guilt under Section 837.021, Florida Statutes (perjury by inconsistent . . . This variance in Brown’s story led to his subsequent indictment and conviction under Section 837.021, . . . While the constitutionality of Section 837.021, Florida Statutes, has not been the subject of a reported . . . It is asserted that the term “inconsistent statements” appearing in subsection (1) of 837.021, Florida . . . Effective July 1, 1975, Section 837.021(1), Florida Statutes, was changed to read as follows: “Whoever . . . Sec. 837.021(4), F.S.1973. . . . of willfulness, in its classic sense of volition and intent informed by knowledge, was attached by § 837.021 . . . common experience no justification for such a melancholy view, I would hold that the presumption of § 837.021 . . . Section 837.021, Florida Statutes, constitutes an unconstitutional violation of the Fifth Amendment to . . .

BELL, v. STATE, 328 So. 2d 581 (Fla. Dist. Ct. App. 1976)

. . . . § 837.021 (1973). . . .

STATE v. F. CLARK,, 301 So. 2d 492 (Fla. Dist. Ct. App. 1974)

. . . information which charges the giving of contradictory statements under oath in violation of Section 837.021 . . .