575.040. Perjury — penalties. — 1. A person commits the offense of perjury if, with the purpose to deceive, he or she knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.
2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.
3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
(1) The person mistakenly believed the fact to be immaterial; or
(2) The person was not competent, for reasons other than mental disability or immaturity, to make the statement.
4. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement in the course of the official proceeding in which it was made provided he or she did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.
6. The offense of perjury committed in any proceeding not involving a felony charge is a class E felony.
7. The offense of perjury committed in any proceeding involving a felony charge is a class D felony unless:
(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony; or
(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony.
Notes of Decisions
March v. Midwest St. Louis, L.L.C., 417 S.W.3d 248 (Mo. 2014).
· cites it 5× “Akin’s perjured testimony was material, the trial court referenced the definition of “material fact” in section 575.040, RSMo 2000. Subsection 2 of section 575.”
In Re the Marriage of Gustin, 861 S.W.2d 639 (Mo. Ct. App. 1993).
· cites it 3× “Section 575.040, RSMo 1986, defines perjury as when a person "knowingly testifies falsely to any material fact upon oath or affirmation legally administered_” When attorneys testify as a witness, their testimony must be given under oath as in the case of any other witness.”
State v. Mondaine, 655 S.W.2d 540 (Mo. Ct. App. 1983).
· cites it 3× “” Section 575.040 RSMo., defines perjury as knowingly giving false testimony concerning a material fact while under oath.”
Mary Doe v. Michael L. Parson, 567 S.W.3d 625 (Mo. 2019).
· cites it 2× “Missouri also criminalizes the offense of perjury, which is codified in § 575.040, RSMo Supp. 2014, even though it coincides with Exodus 20:16, which provides, "Thou shalt not bear false witness against thy neighbor.”
Neal v. State, 669 S.W.2d 254 (Mo. Ct. App. 1984).
· cites it 2× “R_ could not have ethically denied the accusation, Rule 4, Code of Professional Responsibility, DR 7-102(A)(6), and a denial by R_under oath could have run afoul of § 575.040, RSMo 1978. 21 We are mindful, however, that if R_did not buy cocaine from Copher in 1979, and if R_did…”
Ballard v. Siwak, 521 S.W.3d 296 (Mo. Ct. App. 2017).
· cites it 3× “Perjury is a criminal offense under Section 575.040, RSMo, (Cum Supp. 2016). To terminate Relator’s employment for her refusal to commit perjury, in itself, exposes Rancho Manor to liability for wrongful discharge under the first public policy exception to the at-will employment…”
State v. Fletcher, 948 S.W.2d 436 (Mo. Ct. App. 1997).
· cites it 3× “Vivian Fletcher appeals her conviction for perjury, section 575.040, RSMo 1994, following a jury trial.”
State v. Gollaher, 628 S.W.2d 365 (Mo. Ct. App. 1982).
· cites it 2× “Defendant appeals from his conviction of perjury, § 575.040, RSMo 1978. Defendant’s sole point on appeal is that the trial court erred in denying defendant’s motion to suppress evidence obtained by a warrant-less police search.”
State v. Chavez, 735 S.W.2d 127 (Mo. Ct. App. 1987).
· cites it 7× “Defendant Chavez appeals her jury trial conviction of perjury, § 575.040 RSMo 1978, and sentence by the court as a prior offender to an eight-year term of imprisonment.”
State v. Cummings, 400 S.W.3d 495 (Mo. Ct. App. 2013).
“2 identifies a material fact: “A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.”
State v. Coleman, 773 S.W.2d 199 (Mo. Ct. App. 1989).
· cites it 2× “The principal issue in this appeal is whether defendant would be subjected to double jeopardy were he prosecuted for perjury, § 575.040, RSMo 1986, after being acquitted in the trial wherein he uttered the allegedly perjurious testimony.”
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