Mass. Gen. Laws » Part IV Title I Chapter 268
Massachusetts General Laws

Mass. Gen. Laws ch. 268, § 1 (2026)

Perjury

✓ current as of July 2026
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Section 1. Whoever, being lawfully required to depose the truth in a judicial proceeding or in a proceeding in a course of justice, wilfully swears or affirms falsely in a matter material to the issue or point in question, or whoever, being required by law to take an oath or affirmation, wilfully swears or affirms falsely in a matter relative to which such oath or affirmation is required, shall be guilty of perjury. Whoever commits perjury on the trial of an indictment for a capital crime shall be punished by imprisonment in the state prison for life or for any term of years, and whoever commits perjury in any other case shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars or by imprisonment in jail for not more than two and one half years, or by both such fine and imprisonment in jail.

An indictment or complaint for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury proceedings relating to an indictment or complaint for the commission of a violent crime, as defined in section 121 of chapter 140, the defendant under oath has knowingly made 2 or more declarations, which are inconsistent to the degree that 1 of them is necessarily false, need not specify which declaration is false if: (1) each declaration was material to the point in question and (2) each declaration was made within the period of the statue of limitations for the offense charged under this section. In any prosecution under this section, the falsity of a declaration set forth in the indictment or complaint shall be established sufficient for conviction by proof that the defendant, while under oath, made irreconcilably contradictory declarations material to the point in question. If, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits to such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed. It shall be a defense to an indictment or complaint made pursuant to this section that the defendant, at the time he made each declaration, believed each such declaration to be true or its falsity was the result of a good faith mistake or error.

Notes of Decisions
Cited in 47 cases (4 in the last 5 years), 1966–2026 · leading case: Commonwealth v. Giles, 213 N.E.2d 476 (Mass. 1966).
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Commonwealth v. Giles, 213 N.E.2d 476 (Mass. 1966). · cites it 11× “[2] *105 The trial judge's report presents in unduly general terms "questions of law" concerning G.L.c. 268, § 1. [3] Greater specification of the issues would have been appropriate.”
Commonwealth v. D'Amour, 704 N.E.2d 1166 (Mass. 1999). · cites it 3× “” G. L. c. 268, § 1. According to the defendant, her misstatement regarding Rankins’s grand jury subpoena was not material because the Commonwealth already knew from the wiretap that she had told Rankins about the subpoena.”
Commonwealth v. Dawson, 504 N.E.2d 1056 (Mass. 1987). · cites it 3× “The second reported question concerns whether a perjury charge pursuant to G. L. c. 268, § 1 (1984 ed.), may be based on that testimony.”
Commonwealth v. Walters, 37 N.E.3d 980 (Mass. 2015). · cites it 2× “209A, § 7 (two counts); and perjury, in violation of G. L. c. 268, § 1 (two counts). 22 The charges of stalking, criminal harassment, and violations of the restraining order identified the victim as the sole target of these crimes.”
Commonwealth v. Coleman, 461 N.E.2d 157 (Mass. 1984). · cites it 2× “[14] G.L.c. 268, § 1. There is further support of the position we take today.”
Commonwealth v. Cohen, 921 N.E.2d 906 (Mass. 2010). “The defendant points to the court’s interpretation of the term “material” in the perjury statute, G. L. c. 268, § 1. In that context, a statement is “material” if it tends “in reasonable degree to affect some aspect or result of the inquiry.”
Commonwealth v. Gurney, 433 N.E.2d 471 (Mass. App. Ct. 1982). · cites it 3× “G. L. c. 268, § 1. He waived trial by jury and, after a bench trial in the Superior Court, was found guilty on all counts.”
Commonwealth v. Leavitt, 460 N.E.2d 1060 (Mass. App. Ct. 1984). · cites it 3× “The first indictment charges that she did "intentionally, wilfully and knowingly impede, hinder, interfere and obstruct the grand jury" and, therefore, was in contempt of court; the second, that she committed perjury (G.L.c. 268, § 1). [3] *587 As alleged by the Commonwealth in…”
Commonwealth v. Edwards, 830 N.E.2d 158 (Mass. 2005). “269, § 10 [A]); and peijury (G. L. c. 268, § 1). Eric Davis was charged with assault and battery by means of a dangerous weapon; suborning peijury (G.”
Edinburg v. Edinburg, 492 N.E.2d 1164 (Mass. App. Ct. 1986). · cites it 2× “See G.L.c. 268, § 1. See also Nolan, Criminal Law § 601 (1976).”
Fisher v. Lint, 868 N.E.2d 161 (Mass. App. Ct. 2007). “Under G. L. c. 268, § 1, one who wilfully swears or affirms falsely regarding a material issue in an adjudicatory proceeding, or one who wilfully swears or affirms falsely in a matter relative to which an oath or affirmation is required, is guilty of perjury.”
Commonwealth v. Walters, 94 N.E.3d 764 (Mass. 2017). “209A, § 7 ; and two counts of perjury, G. L. c. 268, § 1. The trial judge sentenced the defendant to the following: on the charge of stalking, from three to four years in a State prison; on the charge of criminal harassment, two and one-half years in a house of correction,…”
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