Perjury (Missouri Revised Statues)
575.040. 1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.
2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.
3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
(1) The defendant mistakenly believed the fact to be immaterial; or
(2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.
4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.
6. Perjury committed in any proceeding not involving a felony charge is a class D felony.
7. Perjury committed in any proceeding involving a felony charge is a class C felony unless:
(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony; or
(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony
MACH-CR 29.10 Perjury (Missouri Approved Charge -
(This is the basis from which an indictment or information will be drafted)
The (Grand jurors) (Circuit Attorney) (Prosecuting Attorney) of the (City) (County) of _________, State of Missouri, charge(s) that the defendant, in violation of Section 575.040, RSMo, committed the class (A) (B) (C) (D) felony of perjury, punishable upon conviction under Section [insert the applicable section number or numbers], RSMo, in that (on) (on or about) [date] in the (City) (County of ______, State of Missouri, the defendant, while a witness under (oath) (affirmation) legally administered in [describe the official proceeding; if it is a criminal case, allege the charge and whether it is for a felony or misdemeanor] before [identify the court, public body, notary public or other officer authorized to administer oaths], with the purpose to deceive, knowingly testified falsely to a material fact, in this to-wit: [briefly allege the testimony given by defendant, its falsity, the truth of the matter, and the issue upon which the testimony was given. If the perjury was committed during a criminal trial for the purpose of securing the conviction of an accused for a felony, so allege in those words, and if the charge was murder so allege that fact, too].
MAI-CR (3d) 329.10 PERJURY (Missouri Approved Instructions - Criminal (3d
(This is the basis from which jury instructions will be drafted)
(As to Count ___, if) (If) you find and believe from the evidence beyond a reasonable doubt:
First, that (on) (on or about) [date], in the (City) (County) of ______, State of Missouri, there was pending (State the pendency of an official proceeding before a court, public body, notary public, or other officer authorized to administer_oaths and affirmations. If a civil case in court, give name or style, issue on trial, i.e., the substance of the controversy or inquiry; if a felony criminal case, identify the crime sufficiently to establish that a felony was charged.] , and
Second, that, at that time and in such proceeding, the defendant was a witness under (oath) affirmation) (administered by (name of person] who was authorized to administer such (oath) (affirmation)), and
Third, that defendant knowingly testified falsely in such proceeding that [Describe the testimony,] and
Fourth, that such testimony was given to prove a fact which (could have substantially affected) (or) (did substantially affect) the course or outcome in such proceeding, and
Fifth, that defendant so testified for the purpose of deceiving the trier(s) of the facts therein,
then you will find the defendant guilty (under Count ______) of perjury.
However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense.
If you do find the defendant guilty (under Count____) of perjury, you will assess and declare one of the following punishments: (Insert range of punishment as directed in MAI-CR 3d 304.02.1)
Notes on Use
1. Section 575.040, RSMO 1986. This is a revision of MAI-CR 2d 29.10.
2. Perjury can be a class A, B, C, or D felony. This instruction submits the offense as a class C felony. To submit the offense as a class A felony, modify paragraph Fifth by adding after the word "therein" the following: "and securing the conviction of [name of accused] for murder." To submit the offense as a class B felony, modify paragraph Fifth by adding after the word "therein" the following: "and securing the conviction of [name of accused) for [name of felony other than murder]. To submit the offense as a class D felony, paragraph First will not allege that a felony was charged and a definition of the felony will not be given.
3. If the defendant is charged with committing perjury before some "other officer authorized to administer oaths or affidavits" insert, the parenthetical material in paragraph Second.
4. If there is evidence that the defendant retracted the false statement in the course of the official proceeding in which it was made, and that the defendant did so before the falsity of the statement was exposed, the Court on its own motion without a request must add a paragraph Sixth as follows:
Sixth, that defendant did not retract the statement in the course of such proceeding before the falsity of the statement contained in paragraph Third above was exposed,
The defendant has the burden of injecting the issue. Section 575.040.5.
5. The following terms may be defined by the Court on its own motion and must be defined upon written request in proper form by the state or by the defendant:
See MAI-CR 3d 333.00.
6. When the issue of punishment is not submitted to the jury, modify this instruction as set out in MAI-CR 3d 304.08.
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