New York Perjury Laws

New York Penal Code Article 210, et seq.

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 or under oath in a subscribed written instrument (such as an affidavit or deposition).

• Truthfulness of statement
• Retraction of statement
• Perjury "trap" (prosecutor's manner and method of questioning the witness evidences attempt to "trap" witness into committing perjury rather than to ascertain relevant facts)
• Mistaken belief of fact

The following are NOT defenses to perjury pursuant to Section 210.30 of the Penal Code:

• Defendant's lack of competence to make the false statement
• Defendant's mistaken belief in the fact's immateriality
• Irregular administration of oath or defective authority or jurisdiction of attesting officer where such defect is excusable under any statute or rule of law

• Third-Degree: A person is guilty of perjury in the third degree when he swears falsely.
• Second-Degree: 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.
• First-Degree: 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.

• Third-Degree: Class A misdemeanor; up to 1 yr. in prison and/or a fine of up to $1,000
• Second-Degree: Class E felony; up to 4 yrs. (and at least 1 yr.) in prison and/or a fine of up to $5,000
• First-Degree: Class D felony; 3 to 7 yrs. in prison and/or a fine of up to $5,000