Tenn. Code Ann. » Tenn. Code / Title 39 / Chapter 16 / Part 7
Tennessee Code Annotated

Tenn. Code Ann. § 39-16-707 (2024)

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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, need not allege which statement is false if both statements were made within the period of the statute of limitations. At trial, the prosecution need not prove which statement is false.

Acts 1989, ch. 591, § 1; 1990, ch. 980, § 30.

Notes of Decisions
Cited in 5 cases, 1997–2010 · leading case: State v. Cutshaw, 967 S.W.2d 332 (Tenn. Crim. App. 1997).
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State v. Cutshaw, 967 S.W.2d 332 (Tenn. Crim. App. 1997). · cites it 8× “Tenn.Code Ann. § 39-16-707. If the presentment had alleged that the Defendant identified Robert Miller in his initial statement to Lieutenant Smith but during Miller’s trial represented that he could not identify the individual standing at Katherine Leonard’s car, a jury…”
State v. Buford, 216 S.W.3d 323 (Tenn. 2007). · cites it 12× “We hold that pursuant to Tennessee Code Annotated section 39-16-707 (1997), the prosecutor was not required to prove which of the two statements made by the defendant was false.”
State of Tennessee v. Arthur Buford, No. W2004-00786-SC-R11-CD (Tenn. Mar. 19, 2007). · cites it 14× “We hold that pursuant to Tennessee Code Annotated section 39-16-707 (1997), the prosecutor was not required to prove which of the two statements made by the defendant was false.”
State of Tennessee v. Romelus Caraway, No. W2004-02948-CCA-R3-CD (Tenn. Crim. App. Dec. 2, 2005). · cites it 6× “In this case, the Appellant was indicted under the provisions of Tennessee Code Annotated section 39-16-707, which provide that 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…”
State v. Cutshaw, No. 03C01-9611-CR-00419 (Tenn. Crim. App. Dec. 1, 2010). · cites it 6× “Tenn. Code Ann. § 39-16-707 . If the presentment had alleged that the Defendant identified Robert Miller in his initial statement to Lieutenant Smith but during Miller’s trial represe nted tha t he could not identify the individual standing at Katherine Leonard’s car, a jury…”
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