THE MICHIGAN PENAL CODE
Act 328 of 1931
750.423 Perjury; penalty; "record" and "signed" defined.
Sec. 423.
(1) Any person authorized by a statute of this state to take an oath, or any person of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which the oath is authorized or required is guilty of perjury, a felony punishable by imprisonment for not more than 15 years.
(2) Subsection (1) applies to a person who willfully makes a false declaration in a record that is signed by the person and given under penalty of perjury. As used in this subsection:
(a) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(b) "Signed" means the person did either of the following to authenticate or adopt the record:
(i) Executed or adopted a tangible symbol.
(ii) Attached to or logically associated with the record an electronic symbol, sound, or process.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.423 ;-- Am. 2012, Act 360, Eff. Apr. 1, 2013
FormerLaw Notes:
See section 2 of Ch. 156 of R.S. 1846, being CL 1857, § 5821; CL 1871, § 7654; How., § 9236; CL 1897, § 11306; CL 1915, § 14973; and CL 1929, § 16564.
Notes of Decisions
Cited in
44
cases (
5 in the last 5 years), 1968–2025 · leading case:
People v. Lively, 680 N.W.2d 878 (Mich. 2004).
People v. Lively, 680 N.W.2d 878 (Mich. 2004).
· cites it 18× “The Court of Appeals held that materiality is an element that must be submitted to the jury, [2] but the plain language of MCL 750.423 sets forth a definition of perjury that does not require proof of materiality.”
People v. Ramos, 424 N.W.2d 509 (Mich. 1988).
· cites it 10× “[MCL 750.423; MSA 28.665.] The DSS application forms signed by Ramos and upon which his perjury conviction is based contained the following language above the applicant's signature: I swear or affirm that I have answered all questions on this form as completely as I was able and…”
People v. Shepherd, 697 N.W.2d 144 (Mich. 2005).
· cites it 2× “[MCL 750.423.] Apart from the plea transcript, the prosecution offered at least four other pieces of evidence that strongly supported a guilty verdict for perjury by establishing that defendant's testimony in the fleeing and eluding case was false.”
People v. Kozyra, 556 N.W.2d 512 (Mich. Ct. App. 1996).
· cites it 4× “Defendant, a former attorney, appeals by right his conviction following a thirteen-day jury trial of one count of perjury, MCL 750.423; MSA 28.665, arising from a citizens’ grand jury indictment.”
In Re Mccree, 495 Mich. 51 (Mich. 2014).
· cites it 3× “114; and MCL 750.423, as well as Canons 1; 2(A), (B), and (C); and 3(A)(1) and (4) and (C) of the Code of Judicial Conduct.”
People v. McIntire, 591 N.W.2d 231 (Mich. Ct. App. 1999).
· cites it 2× “] The prosecutor contends that by perjuring himself at the inquiry, defendant forfeited his immunity from prosecution.”
In re Adams, 833 N.W.2d 897 (Mich. 2013).
· cites it 3× “With regard to count one, the master concluded that “the Examiner has, by a *167 preponderance of the evidence,[ 1 ] shown that Respondent did in fact violate MCL 750.423 by making false statements under oath.”
People v. Fisher, 559 N.W.2d 318 (Mich. Ct. App. 1997).
· cites it 2× “§ 750.423; M.S.A. § 28.665 as: Any person authorized by any statute of this state to take an oath, or any person of whom an oath shall be required by law, who shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required,…”
People v. Jeske, 341 N.W.2d 778 (Mich. Ct. App. 1983).
· cites it 3× “Defendant was convicted by a jury of perjury, MCL 750.423; MSA 28.665. He was sentenced to a term of nine months in jail, and appeals as of right.”
People v. Barksdale, 556 N.W.2d 521 (Mich. Ct. App. 1996).
“Following a preliminary examination, the prosecutor sought to have defendant bound over on the felony offense of perjury other than during a court proceeding, MCL 750.423; MSA 28.665. Defendant objected, arguing that the more appropriate charge was the misdemeanor offense of…”
Ingle v. Musgrave, 406 N.W.2d 492 (Mich. Ct. App. 1987).
“Finally, while plaintiff’s allegations of perjury may support a criminal prosecution against defendant Schurig, MCL 750.423; MSA 28.665, we are not persuaded that defendant Schurig’s admittedly false statement in probate court, of which the trial court was well aware,…”
Wood v. Bediako, 727 N.W.2d 654 (Mich. Ct. App. 2006).
“423 provides: Any person authorized by any statute of this state to take an oath, or any person of whom an oath shall be required by law, who shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, shall be guilty of…”
— Mich. Comp. Laws § 750.423(1) — 8 cases
In re Adams, 833 N.W.2d 897 (Mich. 2013).
“With regard to count one, the master concluded that “the Examiner has, by a *167 preponderance of the evidence,[ 1 ] shown that Respondent did in fact violate MCL 750.423 by making false statements under oath.”
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