Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 37. PERJURY AND OTHER FALSIFICATION
Texas Codes

Tex. Penal Code § 37.03 (2026)

Aggravated Perjury

✓ current as of May 2026
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Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:

(1) is made during or in connection with an official proceeding; and

(2) is material.

(b) An offense under this section is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 65 cases (6 in the last 5 years), 1986–2025 · leading case: State v. Rosenbaum, 910 S.W.2d 934 (Tex. Crim. App. 1995).
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State v. Rosenbaum, 910 S.W.2d 934 (Tex. Crim. App. 1995). · cites it 4× “Appellee was indicted for aggravated perjury pursuant to Texas Penal Code Ann. § 37.03. Prior to trial, appellee filed a motion to determine the validity of the State's evidence of materiality of the alleged false statements in the indictment and a motion to quash the indictment.”
Ex Parte Matthews, 873 S.W.2d 40 (Tex. Crim. App. 1994). · cites it 6× “Tex.Penal Code Ann. § 37.03. Appellant's indictment was presented on January 28, 1993 and alleged that the statute of limitations was tolled.”
De La Paz v. State, 279 S.W.3d 336 (Tex. Crim. App. 2009). “Tex. Penal Code § 37.03. 24 . Thorn v. State, 961 S.”
Wilder v. State, 111 S.W.3d 249 (Tex. App. 2003). · cites it 2× “" Thereafter, counsel for Wilder moved the trial court to instruct the jury that Dowdy's answer to such question was untruthful and could possibly constitute aggravated perjury under Tex. Pen. Code Ann. § 37.03 (Vernon 2003).”
Harris Cnty. Dist. Attorney's Off. v. Burns, 825 S.W.2d 198 (Tex. App. 1992). · cites it 2× “Appellee also filed a motion to dismiss the indictment, claiming that the indictment incorrectly stated that the allegedly false statements were material to an official proceeding, as required to sustain an indictment for aggravated peijury under Tex.Penal Code Ann. § 37.03…”
Jones v. Repub. Waste Servs. of Texas, Ltd., 236 S.W.3d 390 (Tex. App. 2007). · cites it 2× “TEX. PEN.CODE ANN. § 37.03 (Vernon 2003).”
Schunior, Victor Manuel Jr., 506 S.W.3d 29 (Tex. Crim. App. 2016). “Tex. Penal Code §§ 37.03, 29.02. The statutes for aggravated sexual assault and aggravated kidnapping do not, but they instead repeat the language of their statutory base crime before listing'the possible aggravating factors.”
Coleman v. State, 577 S.W.3d 623 (Tex. App. 2019). “See Tex. Penal Code Ann. § 37.03 . But, the State had not put on any evidence that Coleman had committed perjury.”
Ex Parte Tamez, 38 S.W.3d 159 (Tex. Crim. App. 2001). “Appellant filed six applications for pretrial writs of habeas corpus, claiming that her prosecutions under Tex.Pen.Code §§ 37.03 and 37.06 1 were barred by the statute of limitations.”
Kmiec v. State, 91 S.W.3d 820 (Tex. App. 2002). · cites it 2× “Tex. Penal Code Ann. § 37.03 (a)(2) (Vernon 1994).”
State v. Kelvin Bowie, 137 S.W.3d 95 (Tex. App. 2003). · cites it 2× “See Tex. Pen. Code Ann. §§ 37.03 , 37.06 (Vernon 1994).”
In Re Seigel, 198 S.W.3d 21 (Tex. App. 2006). “TexPenal Code Ann. § 37.02 (Vernon 2003).”
Show all 65 citing cases →
— Tex. Penal Code § 37.03(a) — 3 cases
Ex Parte Matthews, 873 S.W.2d 40 (Tex. Crim. App. 1994). “Tex.Penal Code Ann. § 37.03. Appellant's indictment was presented on January 28, 1993 and alleged that the statute of limitations was tolled.”
Jason Lynn Nichols v. State (Tex. App. 2013).
Hernandez v. State, 761 S.W.2d 483 (Tex. App. 1988).
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