21-5903.
Perjury.
(a) Perjury is intentionally and falsely:
(1) Swearing, testifying, affirming, declaring or subscribing to any material fact upon any oath or affirmation legally administered in any cause, matter or proceeding before any court, tribunal, public body, notary public or other officer authorized to administer oaths;
(2) subscribing as true and correct under penalty of perjury any material matter in any declaration, verification, certificate or statement as permitted by K.S.A. 53-601, and amendments thereto; or
(3) subscribing as true and correct under the penalty of perjury the affidavit as provided in K.S.A. 25-1121(c), and amendments thereto.
(b) Perjury is a:
(1) Severity level 9, nonperson felony, except as provided in subsection (b)(2); and
(2) severity level 7, nonperson felony if the false statement is made upon the trial of a felony charge.
History:
L. 2010, ch. 136, § 128; L. 2013, ch. 3, § 1; L. 2018, ch. 116, § 6; July 1.
Notes of Decisions
Cited in
11
cases (
7 in the last 5 years), 2016–2026 · leading case:
Kansas v. Garcia, 589 U.S. 191 (2020).
Kansas v. Garcia, 589 U.S. 191 (2020).
“pdf; Kan. Stat. Ann. § 21-5903 ; see also Kansas Dept.”
Caranchini v. Peck, 355 F. Supp. 3d 1052 (D. Kan. 2018).
· cites it 2× “§ 21-5905 Interference with the judicial process; K.S.A. § 21-5903 Perjury. But the stated purpose of the Act is to protect individuals against civil litigation who are merely exercising their constitutional rights to free speech and the right to petition.”
State v. Frantz, 521 P.3d 1113 (Kan. 2022).
“See K.S.A. 2021 Supp. 21-5903(a)(1) (defining perjury as "intentionally and falsely .”
Volcsko (D. Kan. 2026).
· cites it 4× “”26 As above, Plaintiff is no longer pursuing the following causes of action: (Claim III) making false information in violation of K.”
State v. Adams, 563 P.3d 719 (Kan. 2025).
· cites it 2× “22-3415(d) ("No immunity shall be granted for perjury as provided in K.S.A. 21-5903, and amendments thereto, which was committed in giving such evidence.”
In re Name Change of Burnett (Kan. Ct. App. 2022).
“Such affidavit shall be signed and sworn to by the plaintiff under oath, before one who has authority to administer the oath, under penalty of perjury, K.S.A. 21-5903, and amendments thereto. The form of the affidavit shall be deemed sufficient if in substantial compliance with…”
Williams v. (fnu) Dole (D. Kan. 2020).
“Count 5 Count 5 alleges perjury in violation of K.S.A. 21-5903 and 18 U.S.C. § 1621 . These are criminal statutes which do not provide a civil cause of action for damages or other relief.”
McKnight v. Schnurr, Warden (Kan. Ct. App. 2026).
“McKnight's motion concluded: "Because Petitioner has shown Perjury under § (a)(2) of K.S.A. 21-5903, in Exhibits 'A' A-2, and 'B' B-10, and the Fact that Petitioner was moved from low medium to maximum and should be minimum custody based upon these perjured written statements,…”
State v. Adams, 547 P.3d 593 (Kan. Ct. App. 2024).
“K.S.A. 21-5903. And like the federal statute at issue in Apfelbaum, Kansas law exempts perjury prosecutions from the general prohibition against using immunized testimony or evidence derived from such testimony against a witness.”
— K.S.A. § 21-5903(a)(1) — 2 cases
State v. Frantz, 521 P.3d 1113 (Kan. 2022).
“See K.S.A. 2021 Supp. 21-5903(a)(1) (defining perjury as "intentionally and falsely .”
State v. Adams, 563 P.3d 719 (Kan. 2025).
“22-3415(d) ("No immunity shall be granted for perjury as provided in K.S.A. 21-5903, and amendments thereto, which was committed in giving such evidence.”
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