{"id":375459,"date":"2018-02-06T02:06:30","date_gmt":"2018-02-06T07:06:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-perjury-laws.html"},"modified":"2018-02-06T02:08:23","modified_gmt":"2018-02-06T07:08:23","slug":"north-carolina-perjury-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-perjury-laws.html","title":{"rendered":"North Carolina Perjury Laws"},"content":{"rendered":"\n
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North Carolina 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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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

While there are several types of crimes, the most well-known fall into one of two categories: crimes against persons or crimes against property. However, perjury falls into another category: crimes against justice<\/a>. Other crimes against justice include criminal contempt of court<\/a> and failure to report a crime<\/a>. These types of crimes prevent the criminal justice system from functioning properly.<\/p>\n

The definition of perjury<\/a> may change based on the jurisdiction, but it’s generally defined as making false statements (orally or in writing) while under oath. North Carolina has three statutes addressing perjury: perjury, subornation of perjury (persuading someone to commit perjury) and perjury before a legislative committee. North Carolina classifies all types of perjury as felonies<\/a>, although subornation of perjury and perjury before a legislative committee are lesser felonies.<\/p>\n

North Carolina Perjury Laws<\/h2>\n

Below you will find key provisions of perjury laws in North Carolina.<\/p>\n\n
Statute(s)<\/b><\/td>\n

North Carolina General Statutes Section 14-209<\/a>, et seq.<\/p>\n<\/td>\n<\/tr>

Elements of the Crime<\/b><\/td>\n

In order to convict a person on perjury, the prosecution must prove the following elements:<\/p>\n

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  • The defendant made a false statement under oath;<\/li>\n
  • The defendant acted willfully and corruptly;<\/li>\n
  • The statement was made in a court proceeding or other situation in which the defendant took an oath (such as a deposition); and<\/li>\n
  • The statement was made in regards to a matter that’s material to the issue.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Charges<\/b><\/td>\n

Perjury<\/i> is a class F felony.<\/p>\n

Subornation of perjury<\/i> is a class I felony.<\/p>\n

Perjury before a legislative committee<\/i> is a class I felony.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

The penalties for a felony conviction will depend on various factors and are determined by the provisions of Section 15A-1340.13<\/a>, et seq. However, if the offender doesn’t have a previous felony conviction, the following penalties are authorized by law:<\/p>\n