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Subdivision 1.Acts constituting.
Whoever makes a false material statement not believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided in subdivision 4:
(1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized by law to be made under oath or affirmation;
(2) in any writing which is required or authorized by law to be under oath or affirmation;
(3) in any writing made according to section 358.115;
(4) in any writing made according to section 358.116;
(5) in any writing made according to sections 300.70 to 300.78; or
(6) in any other case in which the penalties for perjury are imposed by law and no specific sentence is otherwise provided.
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Subd. 2.Defenses not available.
It is not a defense to a violation of this section that:
(1) the oath or affirmation was taken or administered in an irregular manner; or
(2) the declarant was not competent to give the statement; or
(3) the declarant did not know that the statement was material or believed it to be immaterial; or
(4) the statement was not used or, if used, did not affect the proceeding for which it was made; or
(5) the statement was inadmissible under the law of evidence.
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Subd. 3.Inconsistent statements.
When the declarant has made two inconsistent statements under such circumstances that one or the other must be false and not believed by the declarant when made, it shall be sufficient for conviction under this section to charge and the jury to find that, without determining which, one or the other of such statements was false and not believed by the declarant. The period of limitations for prosecution under this subdivision runs from the first such statement.
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Subd. 4.Sentence.
Whoever violates this section may be sentenced as follows:
(1) if the false statement was made upon the trial of a felony charge, or upon an application for an explosives license or use permit, to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both; or
(2) in all other cases, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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Subd. 5.Venue.
A violation of subdivision 1, clause (4), may be prosecuted in the county where the statement, under penalty of perjury, was signed, or the county of the district court in which the statement was filed.
Notes of Decisions
Cited in
24
cases (
3 in the last 5 years), 1977–2022 · leading case:
State v. Morales, 788 N.W.2d 737 (Minn. 2010).
State v. Morales, 788 N.W.2d 737 (Minn. 2010).
· cites it 27× “See Minn.Stat. § 609.48, subd. 3 (2008). The statute provides: When the declarant has made two inconsistent statements under such circumstances that one or the other must be false and not believed by the declarant when made, it shall be sufficient for conviction under this…”
Johnson v. Fabian, 735 N.W.2d 295 (Minn. 2007).
· cites it 8× “Minn.Stat. § 609.48, subd. 4 (2006). The statute of limitations for perjury is 3 years.”
State v. Pendleton, 759 N.W.2d 900 (Minn. 2009).
· cites it 2× “Appellant argues that the State knowingly proffered false testimony from Morris Pendleton in violation of Minn.Stat. § 609.48, subd. 1 (2008) (prohibiting making a false material statement) and Minn.”
State v. Peralta, 598 N.W.2d 698 (Minn. Ct. App. 1999).
· cites it 17× “On November 14, 1998, the county attorney filed a complaint charging Peralta with felony perjury in violation of Minn.Stat. § 609.48, subd. 1(1), because of the discrepancy between the statements he made at the plea hearing and the trial.”
State v. Rhines, 435 N.W.2d 542 (Minn. Ct. App. 1989).
· cites it 6× “Respondent Robert Louis Rhines was charged with one count of perjury pursuant to Minn.Stat. § 609.48, subd. 1(1) (1986) for false statements allegedly made during a guilty plea that he later withdrew.”
State v. Berge, 288 N.W.2d 687 (Minn. 1979).
· cites it 8× “Defendant, convicted by a district court jury of one of two counts of perjury, Minn. Stat. § 609.48 (1978) contends on this appeal from judgment of conviction that the trial court erroneously admitted evidence in violation of his Fifth Amendment privilege, that the trial court’s…”
Linert v. MacDonald, 901 N.W.2d 664 (Minn. Ct. App. 2017).
· cites it 2× “3 (2016); see also Minn. Stat. § 609.48 , subd. 1(2) (2016) (defining the crime of perjury to include making a knowingly false statement “in any writing which is required .”
Ag Servs. of Am., Inc. v. Schroeder, 693 N.W.2d 227 (Minn. Ct. App. 2005).
· cites it 2× “[[Image here]] (d) The affidavit under paragraphs (b) and (c) is subject to section 609.48 [perjury statute]. Minn.Stat.”
State v. Reynua, 807 N.W.2d 473 (Minn. Ct. App. 2011).
· cites it 2× “1, 3 (2006); perjury in violation of Minn.Stat. § 609.48, subd. 1 (2006); two counts of fraudulent certificate of title in violation of Minn.”
State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986).
· cites it 2× “See Minn.Stat. § 609.48, subd. 1(1); 609.05 (1984).”
Stutelberg v. State, 741 N.W.2d 867 (Minn. 2007).
· cites it 2× “See Minn. Stat. § 609.48 , subd. 1 (2006). Consequently, the prejudice to the State allegedly caused by the expiration of the perjury statute of limitations does not conclusively show that appellant is entitled to no relief.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.