Tennessee Code Annotated
Tenn. Code Ann. § 39-16-704 (2026)
Retraction
✓ current as of May 2026
It is a defense to prosecution for aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 5
cases, 1997–2010 · leading case: State v. Cutshaw, 967 S.W.2d 332 (Tenn. Crim. App. 1997).
State v. Cutshaw, 967 S.W.2d 332 (Tenn. Crim. App. 1997). “” Tenn.Code Ann. § 39-16-704 (emphasis added).”
State v. Buford, 216 S.W.3d 323 (Tenn. 2007). “Tennessee Code Annotated section 39-16-707 (1997) provides, in pertinent part: Except as provided in § 39-16-704, a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more statements under oath, any two (2) of which cannot both be true,…”
State v. Cutshaw (Tenn. Crim. App. 2010). “” Tenn. Code Ann. § 39-16-704 (emp hasis added).”
State v. Bowman (Tenn. Crim. App. 1998). “Appellant presents two issues for consideration on this direct appeal: (1) whether claimed memory loss constitutes a retraction of perjured testimony within the meaning of Tenn. Code Ann. § 39-16-704 ; and (2) whether the evidence is sufficient to sustain Appellant's conviction…”
State of Tennessee v. Arthur Buford (Tenn. 2007). “Tennessee Code Annotated section 39-16-707 (1997) provides, in pertinent part: Except as provided in § 39-16-704, a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more -2- statements under oath, any two (2) of which cannot both be…”
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