{"id":376653,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-perjury-laws.html"},"modified":"2018-03-28T10:41:53","modified_gmt":"2018-03-28T15:41:53","slug":"texas-perjury-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-perjury-laws.html","title":{"rendered":"Texas Perjury Laws"},"content":{"rendered":"\n
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Texas 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

Committing perjury<\/a> is a violation of Texas state law. One commits perjury by making a false statement (either oral or written) while under oath or when swearing to the truth of a previous false statement that was either made under oath or required to be made under oath (such as a written statement). In order to prove a case for perjury, prosecutors must prove that the defendant made the false statement with the intent to deceive and with knowledge of the statement’s meaning.<\/p>\n

Perjury and Aggravated Perjury Under Texas Law<\/h2>\n

The following examples illustrate the similar charges of perjury and aggravated perjury, which differ in severity:<\/p>\n

Perjury:<\/b><\/i> Bob is completing a background check form for his new government job, and he signs a statement stating that all the information in the form is true and correct to the best of his knowledge. However, Bob purposely states on the form that he graduated from college, when he knows that he did not but he wants his new employer to think that he did. This would be considered perjury because Bob intends to deceive his new employer and he knows the meaning of his statement.<\/p>\n

Aggravated Perjury:<\/i><\/b> Bob was testifying as a witness at a trial for a bank robbery and he was asked the color of the car he saw speeding off from the scene of the crime. He answered "blue" when he knew the car was red, however, Bob intentionally wanted people to think it was not red. Bob has committed aggravated perjury. This is because Bob intended to deceive the jury at the trial, he knew the meaning of the statement he was making, and it was a material statement during a trial about a very important detail of the crime.<\/p>\n

Texas Perjury Laws: Overview<\/h2>\n\n
Statute<\/b><\/td>\nTexas Penal Code \u00a7 37.01, et seq.<\/a><\/td>\n<\/tr>
Statutory Definition of Perjury<\/b><\/td>\n

A person commits perjury<\/b> if, with intent to deceive and with knowledge of the statement’s meaning:<\/p>\n

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  1. He makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or<\/li>\n
  2. He makes a false unsworn declaration under Chapter 132<\/a>, Civil Practice and Remedies Code.<\/li>\n<\/ol>\n

    A person commits aggravated perjury if he commits perjury (as defined above) and the false statement:<\/p>\n

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    1. Is made during or in connection with an official proceeding; and<\/li>\n
    2. Is material (A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding).<\/li>\n<\/ol>\n<\/td>\n<\/tr>
Classification of the Crime<\/b><\/td>\n
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  • Class A misdemeanor<\/li>\n
  • Third degree felony for aggravated perjury<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Sentences and Penalties<\/b><\/td>\n
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  • Class A misdemeanor:<\/i><\/b> Up to 1 year in county jail, fine of up to $4,000.<\/li>\n
  • Third degree felony:<\/i><\/b> 2 to 10 years in state prison, fine of up to $10,000.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Defenses<\/b><\/td>\n