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Missouri Revised Statutes

Mo. Rev. Stat. § 492.060 (2026)

Persons deemed to have been lawfully sworn, when

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  492.060.  Persons deemed to have been lawfully sworn, when. — In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn, and to be guilty of perjury for corruptly and falsely swearing, affirming or declaring, in the same manner as if he had sworn by laying his hand on the gospels and kissing them.

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(RSMo 1939 § 1886)

Prior revisions: 1929 § 1722; 1919 § 5409; 1909 § 6353

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1971–2021 · leading case: State v. Ward, 242 S.W.3d 698 (Mo. 2008).
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State v. Ward, 242 S.W.3d 698 (Mo. 2008). · cites it 2× “Finally, section 492.060 provides: In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn, and to be guilty of perjury for corruptly and falsely…”
State of Missouri v. Salvador Tolentino-Geronimo, 571 S.W.3d 214 (Mo. Ct. App. 2019). · cites it 5× “Under § 492.060, “[i]n all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn.”
State v. McClain, 541 S.W.2d 351 (Mo. Ct. App. 1976). · cites it 2× “” § 492.060. “The sanction of an oath, regarded as a feature of judicial procedure, is its quickening of the conscience of the affiant, and the liability it creates to the penalty of perjury, if the testimony is willfully false.”
State v. Bowlin, 850 S.W.2d 116 (Mo. Ct. App. 1993). “Additionally, § 492.060 provides, in pertinent part: In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn.”
State v. Starks, 472 S.W.2d 407 (Mo. 1971). · cites it 2× “Such a conclusion is consistent with the provisions of Section 492.060, which reads: “In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn * * *.”
State v. Spulak, 720 S.W.2d 396 (Mo. Ct. App. 1986). “Also, “In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn_” § 492.”
Chill v. Kadean Constr. Co., 716 S.W.2d 860 (Mo. Ct. App. 1986). · cites it 3× “Section 492.060, RSMo (1978); and State v.”
State of Missouri v. Antoine L. Ellis, 637 S.W.3d 338 (Mo. Ct. App. 2021). · cites it 2× “”); section 492.060 (“In all cases in which 19 an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn .”
State of Missouri v. Antoine L. Ellis, 637 S.W.3d 338 (Mo. Ct. App. 2021). · cites it 2× “”); section 492.060 (“In all cases in which 19 an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn .”
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