Perjury is the criminal offense of making a false statement under oath—verbally or in writing—that the witness knows to be false and that is material to the proceeding in which the statement is made. And suborning perjury or subornation of perjury is the criminal offense of procuring the perjury of another person.
Perjury is a criminal offense under both state and federal laws and may be prosecuted as a misdemeanor or as a felony offense, depending on the state or federal jurisdiction, and whether there are any aggravating factors that increase the seriousness of the crime. Perjury laws are located in state statutes—often in the penal or criminal code—and the federal perjury law is located in the United States Code at 18 U.S.C. §1621.
In Florida, perjury is addressed under state statutes, specifically in the Florida Statutes Title XLVI Chapter 837. Perjury is defined as making a false statement, which the person does not believe to be true, under oath in an official proceeding or a nonofficial proceeding related to an official proceeding. The offense can be prosecuted as either perjury in an official proceeding, which is a felony of the third degree, or perjury in an unofficial proceeding, which is a misdemeanor of the first degree. The severity of the charge depends on the nature of the proceeding and the materiality of the false statement to the proceeding. Subornation of perjury, which involves procuring someone else to commit perjury, is also a criminal offense and is treated with similar severity as perjury itself. Additionally, federal law under 18 U.S.C. §1621 prohibits perjury and applies to statements made under oath in federal jurisdictions, with penalties that can include fines and imprisonment. An attorney can provide more specific guidance on the potential consequences and defenses related to charges of perjury or subornation of perjury in Florida.