Mississippi Code
Miss. Code Ann. § 97-9-61 (2026)
Perjury; penalty
✓ current as of July 2026
Persons convicted of perjury shall be punished by imprisonment in the penitentiary as follows: For perjury committed on the trial of any indictment for a capital offense or for any other felony, for a term not less than ten years; for perjury committed on any other judicial trial or inquiry, or in any other case, for a term not exceeding ten years.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 5(2); 1857, ch. 64, art. 205; 1871, § 2661; 1880, § 2922; 1892, § 1244; 1906, § 1319; Hemingway's 1917, § 1052; 1930, § 1083; 1942, § 2316.
Notes of Decisions
Cited in 8
cases, 1984–2019 · leading case: McFee v. State, 510 So. 2d 790 (Miss. 1987).
McFee v. State, 510 So. 2d 790 (Miss. 1987). “A jury found McFee guilty and he was sentenced under Miss. Code Ann. § 97-9-61 (1972) as an habitual offender to a term of twenty years.”
Rush v. Wallace Rentals, LLC, 837 So. 2d 191 (Miss. 2003). “" [10] Miss.Code Ann. § 97-9-61 (Rev.2000), a criminal statute, states: Persons convicted of perjury shall be punished by imprisonment in the penitentiary as follows: For perjury committed on the trial of any indictment for a capital offense or for any other felony, for a term…”
In Re Smith, 457 So. 2d 911 (Miss. 1984). “§ 97-9-59 , and subjected themselves to a sentence of at least ten years in the state penitentiary under Miss. Code Ann. § 97-9-61 . [2] These witnesses' identification of Smith at trial formed an integral part of our opinion affirming his conviction.”
Gullett v. State, 523 So. 2d 296 (Miss. 1988). “The jury returned a verdict of guilty, and Gullett was subsequently sentenced to thirty years imprisonment pursuant to Miss. Code Ann. § 97-9-61 (1972). Following denial of his motions for judgment of acquittal notwithstanding the verdict or for a new trial, Gullett has brought…”
Gordon v. Tenneco Retail Serv. Co., 666 F. Supp. 908 (N.D. Miss. 1987). “Under Miss. Code Ann. §§ 97-9-61 , 97-9-63, and 97-9-65 (1972), a statement is not perjury unless the statement is made in connection with "any case, matter, or proceedings, in or concerning which such witness shall be legally sworn and examined.”
Entergy Mississippi, Inc. v. State, 132 So. 3d 568 (Miss. 2014). “See Miss. Code Ann. § 97-9-61 (Rev.2006). If the grand jury was investigating to determine whether state laws regarding the collection of taxes were being followed, then it was acting within the legitimate scope of its authority and its actions in that regard are unquestionable.”
Faith Abercrombie v. Jonathan Abercrombie (Miss. Ct. App. 2019). “2014) (emphasis added); see also Miss. Code Ann. § 97-9-61 (Rev. 2014) (penalty of perjury in a non-felony trial not to exceed ten years).”
Entergy Mississippi, Inc. v. State of Mississippi (Miss. 2012). “See Miss. Code Ann. § 97-9-61 (Rev. 2006). If the grand jury was investigating to determine whether state laws regarding the collection of taxes were being followed, then it was acting within the legitimate scope of its authority and its actions in that regard are unquestionable.”
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