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 Indiana, perjury is defined as knowingly or intentionally making a false material statement under oath or affirmation, where the oath or affirmation is required or authorized by law. This includes written and verbal statements. Perjury is considered a Level 6 felony under Indiana law, as outlined in Indiana Code § 35-44.1-2-1. The severity of the charge can be influenced by the circumstances and the impact of the false statement on the proceedings. Subornation of perjury, which involves persuading or inducing another person to commit perjury, is also a criminal offense and is treated with similar severity. At the federal level, perjury is governed by 18 U.S.C. § 1621, which makes it illegal to willfully and contrary to an oath state or subscribe to any material matter which the person does not believe to be true. Federal perjury is punishable by fines and/or imprisonment. Both state and federal laws aim to uphold the integrity of the judicial system by deterring and punishing false statements.