(1) A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or
(2) When he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510.

Terms Used In Kentucky Statutes 523.020

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Material false statement: means any false statement, regardless of its admissibility under the rules of evidence which could have affected the outcome of the proceeding. See Kentucky Statutes 523.010
  • Oath: means an affirmation or other legally authorized manner of attesting to the truth of a statement. See Kentucky Statutes 523.010
  • Oath: A promise to tell the truth.
  • Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings. See Kentucky Statutes 523.010
  • Public servant: means :
    (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 523.010
  • Statement: means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. See Kentucky Statutes 523.010

(3) Perjury in the first degree is a Class D felony.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 486, sec. 2, effective July 15, 1986. — Created
1974 Ky. Acts ch. 406, sec. 191, effective January 1, 1975.