THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767A.9 Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or herself of contempt; commutation of sentence.
Sec. 9.
(1) A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 15 years.
(b) If the false statement was made during the investigation of a crime punishable by imprisonment for life, by imprisonment for life or for any term of years.
(2) A person who neglects or refuses to comply with an investigative subpoena in violation of a court order is guilty of contempt punishable by imprisonment for not more than 1 year or by a fine of not more than $10,000.00, or both. If the witness appears before the court to purge himself or herself of that contempt, he or she shall be allowed to appear before the prosecuting attorney to answer any proper question concerning the matter under investigation, and after the witness appears before the prosecuting attorney, upon transcript of the testimony, the witness shall be brought before the court and after examination, the court shall determine whether the witness has purged himself or herself of the contempt. The court shall commute the sentence if the court finds the witness has purged himself or herself of that contempt.
History: Add. 1995, Act 148, Eff. Oct. 1, 1995
Notes of Decisions
Cited in
36
cases (
19 in the last 5 years), 1998–2025 · leading case:
People v. Farquharson, 731 N.W.2d 797 (Mich. Ct. App. 2007).
People v. Farquharson, 731 N.W.2d 797 (Mich. Ct. App. 2007).
· cites it 4× “MCL 767A.9. In Michigan, grand jury proceedings are governed by MCL 767.”
People v. Pruitt, 580 N.W.2d 462 (Mich. Ct. App. 1998).
· cites it 2× “MCL 767A.9(1); MSA 28.1023A(9)(1). When a prosecutor files charges based upon information obtained pursuant to an investigative subpoena, the statutory scheme allows the defendant to receive a copy of the defendant’s testimony, along wi th the testimony of witnesses who will…”
People of Michigan v. James Douglas Frisbie (Mich. Ct. App. 2025).
· cites it 12× “9(1) governs the sentencing structure for perjury and provides as follows: A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows: (a) Except as provided in…”
People of Michigan v. Cavari Jamoul Brown (Mich. Ct. App. 2019).
· cites it 5× “483a(6), and perjury during an investigative subpoena, MCL 767A.9. Defendant was sentenced as a fourth-offense habitual offender, MCL 769.”
People of Michigan v. Clifton Shary-Shmorree-L Witherspoon (Mich. Ct. App. 2017).
· cites it 2× “BACKGROUND This appeal arises from a homicide that occurred near the Chicken Coop restaurant in Grand Rapids, Michigan in the early morning hours of September 21, 2013. On that date, Rick Hammond was killed when he suffered four gunshot wounds to his abdomen, lower back, upper…”
People of Michigan v. Clifton Shary-Shmorree-L Witherspoon (Mich. Ct. App. 2017).
· cites it 2× “BACKGROUND This appeal arises from a homicide that occurred near the Chicken Coop restaurant in Grand Rapids, Michigan in the early morning hours of September 21, 2013. On that date, Rick Hammond was killed when he suffered four gunshot wounds to his abdomen, lower back, upper…”
Wilkins 769141 v. Horton (W.D. Mich. 2020).
· cites it 2× “317 , and perjury, in violation of Mich. Comp. Laws § 767A.9. On March 3, 2016, the court sentenced Petitioner to respective prison terms of 45 to 100 years and 10 to 40 years.”
Witherspoon 238406 v. Rewerts (W.D. Mich. 2020).
· cites it 2× “Following a three-day jury trial in the Kent County Circuit Court, Petitioner was convicted of perjury in violation of Mich. Comp. Laws § 767A.9. On October 8, 2015, the Court sentenced Petitioner as a fourth habitual offender, Mich.”
Rice 490612 v. Rewerts (W.D. Mich. 2020).
· cites it 2× “On May 24, 2017, following a three-day jury trial in the Kent County Circuit Court, Petitioner was convicted of perjury, in violation of Mich. Comp. Laws § 767A.9, two counts of armed robbery, in violation of Mich.”
Banks 734243 v. Par. (W.D. Mich. 2021).
· cites it 2× “On April 23, 2018, Petitioner pleaded guilty in the Kent County Circuit Court to perjury during an investigative subpoena examination, in violation of Mich. Comp. Laws § 767A.9. On June 14, 2018, the court sentenced Petitioner as a second habitual offender, Mich.”
Ruiz 848854 v. Olson (W.D. Mich. 2021).
· cites it 2× “On July 30, 2012, after a jury trial in the Kent County Circuit Court that spanned four days, Petitioner was convicted of perjury, in violation of Mich. Comp. Laws § 767A.9; using a computer to commit a crime, in violation of Mich.”
— Mich. Comp. Laws § 767A.9(1) — 4 cases
People v. Pruitt, 580 N.W.2d 462 (Mich. Ct. App. 1998).
“MCL 767A.9(1); MSA 28.1023A(9)(1). When a prosecutor files charges based upon information obtained pursuant to an investigative subpoena, the statutory scheme allows the defendant to receive a copy of the defendant’s testimony, along wi th the testimony of witnesses who will…”
People of Michigan v. Cavari Jamoul Brown (Mich. Ct. App. 2019).
“483a(6), and perjury during an investigative subpoena, MCL 767A.9. Defendant was sentenced as a fourth-offense habitual offender, MCL 769.”
People of Michigan v. James Douglas Frisbie (Mich. Ct. App. 2025).
“9(1) governs the sentencing structure for perjury and provides as follows: A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows: (a) Except as provided in…”
— Mich. Comp. Laws § 767A.9(1)(a) — 1 case
— Mich. Comp. Laws § 767A.9(1)(b) — 16 cases
People of Michigan v. James Douglas Frisbie (Mich. Ct. App. 2025).
“9(1) governs the sentencing structure for perjury and provides as follows: A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows: (a) Except as provided in…”
People of Michigan v. Clifton Shary-Shmorree-L Witherspoon (Mich. Ct. App. 2017).
“BACKGROUND This appeal arises from a homicide that occurred near the Chicken Coop restaurant in Grand Rapids, Michigan in the early morning hours of September 21, 2013. On that date, Rick Hammond was killed when he suffered four gunshot wounds to his abdomen, lower back, upper…”
People of Michigan v. Clifton Shary-Shmorree-L Witherspoon (Mich. Ct. App. 2017).
“BACKGROUND This appeal arises from a homicide that occurred near the Chicken Coop restaurant in Grand Rapids, Michigan in the early morning hours of September 21, 2013. On that date, Rick Hammond was killed when he suffered four gunshot wounds to his abdomen, lower back, upper…”
— Mich. Comp. Laws § 767A.9(2) — 3 cases
People v. Pruitt, 580 N.W.2d 462 (Mich. Ct. App. 1998).
“MCL 767A.9(1); MSA 28.1023A(9)(1). When a prosecutor files charges based upon information obtained pursuant to an investigative subpoena, the statutory scheme allows the defendant to receive a copy of the defendant’s testimony, along wi th the testimony of witnesses who will…”
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