575.060. False declarations — penalty. — 1. A person commits the offense of making a false declaration if, with the purpose to mislead a public servant in the performance of his or her duty, such person:
(1) Submits any written false statement, which he or she does not believe to be true:
(a) In an application for any pecuniary benefit or other consideration; or
(b) On a form bearing notice, authorized by law, that false statements made therein are punishable; or
(2) Submits or invites reliance on:
(a) Any writing which he or she knows to be forged, altered or otherwise lacking in authenticity; or
(b) Any sample, specimen, map, boundary mark, or other object which he or she knows to be false.
2. The falsity of the statement or the item under subsection 1 of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.
3. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement or item but this defense shall not apply if the retraction was made after:
(1) The falsity of the statement or item was exposed; or
(2) The public servant took substantial action in reliance on the statement or item.
4. The defendant shall have the burden of injecting the issue of retraction under subsection 3 of this section.
5. For the purpose of this section, "written" shall include filings submitted in an electronic or other format or medium approved or prescribed by the secretary of state.
6. The offense of making a false declaration is a class B misdemeanor.
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1987–2024 · leading case:
State v. Johnson, 150 S.W.3d 132 (Mo. Ct. App. 2004).
State v. Johnson, 150 S.W.3d 132 (Mo. Ct. App. 2004).
· cites it 2× “030; and 3) one count of making a false statement, in violation of Section 575.060. 1 We affirm the judgment as to Defendant’s fust and second points on appeal, pursuant to Rule 30.”
State v. Smothers, 297 S.W.3d 626 (Mo. Ct. App. 2009).
· cites it 2× “It is possible that, in dismissing without prejudice, the circuit court believed that the State would cast the charges in a different form, for example, under section 575.060. l(2)(b). Nevertheless, the fact that another charge may be brought does not alter the fact that the…”
Dodds v. State, 60 S.W.3d 1 (Mo. Ct. App. 2001).
· cites it 2× “98CR-2483; one count of making a false declaration, Section 575.060, from Case No. 98CR-2483; and two counts of possession of a controlled substance, Section 195.”
State v. Biddy, 748 S.W.2d 794 (Mo. Ct. App. 1988).
· cites it 3× “160 RSMo, and making a False Declaration § 575.060 RSMo. On appeal, appellant contends the trial court erred in: (1) overruling his motion to suppress written and oral statements because said statements were involuntary; (2) overruling defense counsel’s objection to the…”
Won IL Kim v. Reuben A. Shelton, 485 S.W.3d 377 (Mo. Ct. App. 2016).
· cites it 2× “Kim’s 1993 divorce proceeding and a 2013 proceeding relating to a qualified domestic relations order arising therefrom—determined that Shelton’s positive words about the Missouri Bar were false declarations under § 575.060 RSMo (2000). Mr. Kim requested damages of $587,928.”
State v. Hornbuckle, 746 S.W.2d 580 (Mo. Ct. App. 1988).
“07, thereby avoiding ruling on the motion, so that his actions foreclosed appellant from exercising his peremptory right to change of judge before Judge Ryan; (2) the court erred in sentencing appellant to a term of one year on Count VII — making a false declaration to a police…”
State v. Wilson, 888 S.W.2d 744 (Mo. Ct. App. 1994).
“1986 unless otherwise indicated), and one count of making a false declaration, a misdemeanor under § 575.060. The court sentenced defendant as a Class X prior and persistent offender to fifteen years on the burglary count and six months on the false declaration count, to be…”
Wilson v. Seebold, 938 S.W.2d 607 (Mo. Ct. App. 1997).
· cites it 2× “However, Appellants direct us to the following segment of § 575.060, RSMo 1994, which has been in effect since January 1, 1979: “1.”
United States v. Tingling, 656 F. Supp. 635 (W.D. Mo. 1987).
“§ 575.060, provisions dealing with making false reports to public authorities, and that therefore their arrests cannot be supported by reference to these provisions.”
State of Missouri v. Antoine L. Ellis, 637 S.W.3d 338 (Mo. Ct. App. 2021).
· cites it 2× “” See section 575.060 (“A person commits the offense of making a false declaration if … such person .”
State of Missouri v. Antoine L. Ellis, 637 S.W.3d 338 (Mo. Ct. App. 2021).
· cites it 2× “” See section 575.060 (“A person commits the offense of making a false declaration if … such person .”
State v. Day, 34 S.W.3d 872 (Mo. Ct. App. 2001).
· cites it 3× “223 RSMo 1994, and making a false declaration, section 575.060 RSMo 1994. Defendant contends the trial court erred in denying his motion for judgment of acquittal as there was insufficient evidence to support the conviction.”
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