Subdivision 1.Acts constituting.
Whoever makes a false material statement not believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided in subdivision 4:
Terms Used In Minnesota Statutes 609.48
- conviction: A judgement of guilt against a criminal defendant.
- evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- felony: A crime carrying a penalty of more than a year in prison.
- Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
- trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized by law to be made under oath or affirmation;
(2) in any writing which is required or authorized by law to be under oath or affirmation;
(3) in any writing made according to section 358.115;
(4) in any writing made according to section 358.116; or
(5) in any other case in which the penalties for perjury are imposed by law and no specific sentence is otherwise provided.
Subd. 2.Defenses not available.
It is not a defense to a violation of this section that:
(1) the oath or affirmation was taken or administered in an irregular manner; or
(2) the declarant was not competent to give the statement; or
(3) the declarant did not know that the statement was material or believed it to be immaterial; or
(4) the statement was not used or, if used, did not affect the proceeding for which it was made; or
(5) the statement was inadmissible under the law of evidence.
Subd. 3.Inconsistent statements.
When the declarant has made two inconsistent statements under such circumstances that one or the other must be false and not believed by the declarant when made, it shall be sufficient for conviction under this section to charge and the jury to find that, without determining which, one or the other of such statements was false and not believed by the declarant. The period of limitations for prosecution under this subdivision runs from the first such statement.
Whoever violates this section may be sentenced as follows:
(1) if the false statement was made upon the trial of a felony charge, or upon an application for an explosives license or use permit, to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both; or
(2) in all other cases, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.