Understanding Perjury: What Happens When You Lie Under Oath in America
US Law: Penalties for Lying Under Oath and Filing False Affidavits
The Price of Perjury: How U.S. Courts Punish False Testimony
In the United States, lying under oath or providing a false affidavit is a serious offense known as perjury or making a false statement, depending on the context.
These acts undermine the integrity of the judicial system, as courts rely on truthful testimony and documents to ensure fair outcomes.
Below is a comprehensive overview of the topic, covering definitions, laws, penalties, defenses, and more, based on federal and state legal frameworks.
What is Perjury and False Affidavit?
Perjury:
Perjury is the act of knowingly making a false statement under oath or affirmation in an official proceeding, such as a court trial, deposition, or congressional hearing, where the statement is material (i.e., it could affect the outcome of the proceeding).
It applies to both oral testimony (e.g., lying on the witness stand) and written statements (e.g., signing a false affidavit or declaration under penalty of perjury).
The false statement must be intentional and related to a material fact—a fact that could influence the decision-making process of the court or proceeding.
False Affidavit:
A false affidavit is a written statement, signed under oath or penalty of perjury, that contains knowingly false or misleading information.
It is treated similarly to perjury because it involves a sworn declaration, often used in legal proceedings like bankruptcy filings, civil lawsuits, or applications for permits.
Related Offenses:
Suborning Perjury: Inducing or causing someone else to commit perjury (18 U.S.C. § 1622).
False Statements:
Knowingly providing false information to a federal agency or on official documents, even if not under oath (18 U.S.C. § 1001).
This is distinct from perjury but can overlap in cases involving false affidavits.
Making a Punishable Written False Statement:
In some states, like New York, signing a false document under oath (e.g., a criminal complaint or affidavit) is a separate offense
Federal Law
Perjury is primarily governed by two federal statutes:18 U.S.C. § 1621 (General Perjury):
Applies to false statements made under oath before any competent tribunal, officer, or person in any case where U.S. law requires an oath.
Requires proof that the defendant willfully made a false statement about a material fact, knowing it was false.
Includes testimony in federal courts, depositions, congressional hearings, and sworn statements to agencies like the IRS or Social Security Administration.
The “two-witness rule” applies:
A conviction cannot rely solely on one witness’s contradictory testimony; additional corroboration is needed.
18 U.S.C. § 1623 (False Declarations Before a Court or Grand Jury):
Applies specifically to false statements in federal court or grand jury proceedings.
Requires the defendant knowingly made a false statement about a material fact.
Unlike § 1621, it allows conviction based on two contradictory statements without proving which is false, and the two-witness rule does not apply.
Covers false affidavits or declarations submitted to federal courts.
18 U.S.C. § 1001 (False Statements):
Covers false statements or documents submitted to federal agencies, even if not under oath (e.g., tax forms, loan applications).
Penalties can be severe, especially in cases involving national security or terrorism investigations.
State Laws
Each state has its own perjury statutes, but they generally align with federal principles, requiring a false, material statement made knowingly under oath. Penalties and definitions vary by state.
Examples include:Texas:Perjury (Texas Penal Code § 37.02):
A Class A misdemeanor, punishable by up to 1 year in jail and/or a $4,000 fine.
Elements of Perjury
To convict someone of perjury, prosecutors must prove the following elements beyond a reasonable doubt:
Oath or Affirmation: The defendant was under a legally administered oath or signed a document under penalty of perjury.
False Statement:
The statement was factually false. A literally true but misleading statement does not qualify.
Materiality:
The false statement was material, meaning it could influence the outcome of the proceeding. Immaterial lies (e.g., about unrelated personal habits) do not constitute perjury.
Intent/Knowledge:
The defendant knowingly or willfully made the false statement, aware it was untrue.
Honest mistakes, confusion, or memory lapses do not qualify
Punishments
The penalties for perjury or false affidavits depend on the jurisdiction, the severity of the offense, and the context of the lie.
Federal Penalties
Perjury (18 U.S.C. § 1621 or § 1623):
Up to 5 years in prison and/or fines (typically up to $250,000 for individuals).
Penalties may increase if the perjury involves serious crimes (e.g., terrorism or causing bodily harm).
False Statements (18 U.S.C. § 1001):
Up to 5 years in prison per false statement, with higher penalties (up to 8 years) for terrorism-related cases. Fines and probation may also apply.
Suborning Perjury (18 U.S.C. § 1622):
Up to 5 years in prison and/or fines
State Penalties
Texas:
Perjury: Up to 1 year in jail and/or $4,000 fine (Class A misdemeanor).
Aggravated Perjury: 2–7 years in prison and/or $10,000 fine (third-degree felony).
Ohio:
9–36 months in prison and/or $10,000 fine (third-degree felony).
Florida:
Official Proceeding: Up to 5 years in prison, 5 years probation, and/or $5,000 fine (third-degree felony).
Unofficial Proceeding:
Up to 1 year in jail, 1 year probation, and/or $1,000 fine (first-degree misdemeanor).
Georgia:
1–10 years in prison, significant fines, and a criminal record. Additional charges like obstruction of justice may apply if the perjury causes a wrongful conviction.
New York:
Up to 1 year in jail for perjury or making a false sworn statement (Class A misdemeanor).
South Carolina:
Perjury in court: Up to 5 years in prison and discretionary fines (felony).
Perjury on documents:
Up to 6 months in prison and/or $100 fine (misdemeanor)
Additional ConsequencesCriminal Record:
A perjury conviction can result in a permanent criminal record, affecting employment, professional licenses, and credibility in future legal proceedings.
Civil Consequences:
In civil cases, lying under oath may lead to case dismissal, sanctions, or contempt of court.
Professional Repercussions:
Professionals (e.g., lawyers, doctors) may face disciplinary actions or loss of licenses.
Obstruction of Justice:
Perjury that causes wrongful convictions or interferes with justice may lead to additional charges.
Wasted Resources:
False statements can lead to unnecessary legal proceedings, wasting court time and resources.
Examples of Perjury and False Affidavits
Court Testimony:
A witness testifies in a criminal trial that they saw the defendant at the crime scene, knowing this is false, to influence the verdict.
Affidavit in Bankruptcy:
A person understates their income by $2,000 in a sworn affidavit during bankruptcy proceedings, knowing the information is false.
False Application:
Providing false information on a sworn pistol permit application in New York.
Contradictory Statements:
A defendant makes two conflicting statements under oath in Florida, such as claiming different alibis in separate proceedings, without proving which is true.
Civil Litigation:
A plaintiff lies about their medical history in a deposition to bolster a malpractice claim, later exposed by medical records.
Examples of Punishments for Perjury or False Statements -
Punishments for Perjury or False Statements
Marion Jones (Track and Field Athlete):
Crime: Perjury for lying under oath about using performance-enhancing drugs in the BALCO investigation.
Punishment: 6 months in prison, 2 years of supervised release, 400 hours of community service. Her Olympic medals were also stripped.
Details: Sentenced in 2008 for two counts of perjury.
Kwame Kilpatrick (Former Detroit Mayor):
Crime: Perjury for lying under oath about an extramarital affair during a whistleblower lawsuit.
Punishment: 4 months in jail specifically for perjury, plus a broader sentence of 18 months to 5 years in prison (including obstruction of justice charges), $1 million in restitution to Detroit, and loss of his law license.
Details: Convicted in 2008.
Scooter Libby (Former Vice-Presidential Chief of Staff):
Crime: Perjury and obstruction of justice for lying to a federal grand jury about the Valerie Plame CIA leak.
Punishment: 30 months in prison (commuted by President Bush), $250,000 fine, 2 years of supervised release. Later pardoned in 2018.
Details: Convicted in 2007.
Michael Cohen (Former Trump Attorney):
Crime:
False statements to Congress about Trump’s Moscow real estate deal.
Punishment: 3 years in prison (for multiple charges, including false statements), $50,000 fine, 3 years of supervised release. Served ~1 year in prison, remainder under house arrest.
Details: Pleaded guilty in 2018.
Lil’ Kim (Rapper):
Crime:
Perjury and conspiracy for lying to a federal grand jury about a 2001 shooting.
Punishment: 1 year and 1 day in prison, $50,000 fine. Served ~10 months.
Details: Convicted in 2005.
Barry Bonds (Baseball Player):
Crime: Obstruction of justice for evasive testimony about steroid use; perjury charges resulted in a hung jury.
Punishment: 30 days of house arrest, 2 years of probation, 250 hours of community service. Conviction overturned in 2015.
Details: Charged in 2011 for 2003 testimony.
Bill Clinton (Former U.S. President):Crime:
Alleged perjury for lying under oath about his relationship with Monica Lewinsky in the Paula Jones lawsuit.
Punishment: No criminal conviction (acquitted by Senate after impeachment). Civil penalties: 5-year law license suspension in Arkansas, $25,000 fine to settle litigation.
Details: Impeachment in 1998, acquitted in 1999.
Prison Time:
Sentences for perjury typically range from 6 months to 3 years in high-profile cases, often reduced due to plea deals, cooperation, or commutations (e.g., Libby, Cohen).
Fines: Fines range from $25,000 to $250,000, depending on the case and jurisdiction.
Additional Penalties: Supervised release (1–3 years), community service, restitution (e.g., Kilpatrick’s $1 million), and professional consequences (e.g., loss of law licenses, medals).
