A person who, while under oath or affirmation in any proceeding or other matter in
which statements under oath or affirmation are required or authorized by law, knowingly
makes a false statement of material facts or who falsely denies knowledge of material
facts, commits a class “D” felony. Where, while under oath or affirmation, in the same
proceeding or different proceedings where oath or affirmation is required, a person has
made contradictory statements, the indictment will be sufficient if it states that one or the
other of the contradictory statements was false, to the knowledge of such person, and it
shall be sufficient proof of perjury that one of the statements must be false, and that the
person making the statements knew that one of them was false when the person made the
statement, provided that both statements have been made within the period prescribed
by the applicable statute of limitations. No person shall be guilty of perjury if the person
retracts the false statement in the course of the proceedings where it was made before the
false statement has substantially affected the proceeding.
[C51, §2644; R60, §4271; C73, §3936; C97, §4872; S13, §4919-c; C24, 27, 31, 35, 39, §13165,
13290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §721.1, 738.28; C79, 81, §720.2]
Referred to in §214A.11, 501.103, 610.5
\n
Notes of Decisions
State of Iowa v. Christopher George Storm, 898 N.W.2d 140 (Iowa 2017).
· cites it 4× “In Carter, we held that an oath or affirmation must occur “in the presence of an authorized official” in order to support a conviction for perjury under Iowa Code section 720.2. Id. This was, in part, because the physical presence of an official was deemed necessary to bind a…”
State v. Walker, 574 N.W.2d 280 (Iowa 1998).
· cites it 8× “See Iowa Code § 720.2 ; Deets, 195 N.W.2d at 122 .”
State v. Gansz, 376 N.W.2d 887 (Iowa 1985).
· cites it 6× “Iowa Code § 720.2 (emphasis added). When a prosecutor elects to prove perjury by presenting contradictory statements, the statute specifically requires that “the indictment will be sufficient if it states that one of the contradictory statements was false.”
Larry Zubrod v. Shayne Hoch, 907 F.3d 568 (8th Cir. 2018).
· cites it 2× “Iowa Code §§ 720.2 & 902.9(1)(e). The federal perjury statute also allows a sentence of up to five years' imprisonment and a fine of up to $250,000.”
Nix v. Whiteside, 475 U.S. 157 (1986).
· cites it 2× “Iowa Code § 720.2 (1985). See generally 4 C.”
State v. Carter, 618 N.W.2d 374 (Iowa 2000).
· cites it 10× “” Iowa Code § 720.2 . Thus, although perjury can now be predicated upon events outside a judicial proceeding, the “oath or affirmation” requirement remains an essential element of the crime.”
State v. Hawkins, 620 N.W.2d 256 (Iowa 2000).
· cites it 15× “The statutory defense states: “No person shall be guilty of perjury if the person retracts the false statement in the course of the proceedings where it was made before the false statement has substantially affected the proceeding.”
Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (Iowa 2000).
· cites it 2× “See Iowa Code §§ 720.2 , .3, .4. Our statutes make it a crime to commit perjury, suborn perjury, or tamper with a witness.”
State v. Pappas, 337 N.W.2d 490 (Iowa 1983).
· cites it 2× “Defendant, a Mason City attorney, entered guilty pleas to perjury ( Iowa Code § 720.2 (1981)) and first degree theft ( Iowa Code §§ 714.”
State v. Folck, 325 N.W.2d 368 (Iowa 1982).
· cites it 2× “Iowa Code § 720.2 . To sustain a motion for new trial on the ground of newly discovered evidence, it must appear that: (1) the evidence was discovered after trial and before judgment, (2) it could not have been discovered earlier in the exercise of due diligence, (3) it is…”
State v. Zaehringer, 325 N.W.2d 754 (Iowa 1982).
· cites it 2× “See Iowa Code §§ 720.2 (1981) (perjury requires knowing false statement of material fact or false denial of knowledge), 714.”
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