Perjury

Perjury is the criminal act of knowingly and intentionally lying while under oath in court or in certain legal documents. This may include stating something which is entirely untrue, or making a statement which one knows may be false or which is partially false. Signing a legal document which contains false information, when one knows it to be false, may also be considered perjury. This offense may be considered a form of obstruction of justice, as it affects the integrity of the judicial system and interferes with the administration of justice.

There are three key elements that must be proven in a perjury case:

• The defendant made a false statement under oath or in an equivalent situation in a judicial proceeding;
• The statement was relevant to the proceeding; and
• The defendant had the intent to deceive.

The defendant must have criminal intent to be convicted of perjury. For example, a witness in a criminal trial may say something that he or she truly believes to be accurate. Even if this was not actually accurate, the witness would not have committed perjury because he or she did not have the intent to deceive anyone.

Perjury is a serious criminal offense which may be punishable by fines, jail time and other penalties - depending upon the geographical location and the circumstances of the case. State and federal law both criminalize perjury. If a defendant is charged and found guilty in federal court for testifying on his or her own behalf, Federal Sentencing Guidelines require the court to automatically increase the defendant's sentence.

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