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 Virginia, perjury is considered a serious criminal offense. Under Virginia Code § 18.2-434, any person who, having taken an oath before a competent tribunal, officer, or person, in any case in which the law requires an oath, willfully swears falsely in any material matter is guilty of perjury. This is classified as a Class 5 felony, which can result in a term of imprisonment and a fine. As for subornation of perjury, Virginia law also criminalizes the act of inducing or procuring another to commit perjury. This is covered under Virginia Code § 18.2-436, which states that any person who procures, advises, or induces another to commit perjury is guilty of a Class 4 felony, which carries a higher penalty than perjury itself. These state laws operate alongside federal law, where perjury is also a criminal offense under 18 U.S.C. § 1621. At the federal level, perjury can result in fines and/or imprisonment, and the severity of the punishment can depend on the specific circumstances and the impact of the false statement on the proceedings.