{"id":375304,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-perjury-laws.html"},"modified":"2018-03-27T11:25:38","modified_gmt":"2018-03-27T16:25:38","slug":"new-york-perjury-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-perjury-laws.html","title":{"rendered":"New York Perjury Laws"},"content":{"rendered":"\n
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New York Perjury Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A person commits the crime of perjury<\/a> in its most basic form when an individual "swears falsely." Therefore, if you perjure yourself, you knowingly make a false or misleading statement either under oath or in a signed legal document. While people lie all the time without legal consequence, perjury is taken very seriously because trust and credibility are paramount to a fair and functioning legal system. Each state has its own perjury law<\/a>, but they’re relatively similar to one another.<\/p>\n

New York Perjury Laws: Overview<\/h2>\n

In New York, the seriousness of a perjury offense may increase depending on such factors as the materiality of the statement to the action, proceeding or matter involved; the setting where the statement is made; and whether the law required that such statement be made under oath.<\/p>\n\n
Statute<\/b><\/td>\n

New York Penal Code Article 210<\/a>, et seq.<\/p>\n<\/td>\n<\/tr>

Statutory Definition of Perjury<\/b><\/td>\n

The act of swearing falsely (or "perjury") occurs when a person makes a false statement which he or she does not believe to be true while either giving testimony<\/a> or under oath in a subscribed written instrument (such as an affidavit or deposition).<\/p>\n<\/td>\n<\/tr>

Defenses to Perjury Charges<\/b><\/td>\n
Types of Perjury Charges<\/b><\/td>\n
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  • Third-Degree:<\/i><\/b> A person is guilty of perjury in the third degree when he swears falsely.<\/li>\n
  • Second-Degree:<\/i><\/b> A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved.<\/li>\n
  • First-Degree:<\/i><\/b> A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties and Sentences<\/b><\/td>\n