575.040. Perjury.
Perjury.
575.040. 1. A person commits the crime of perjury if, withthe purpose to deceive, he knowingly testifies falsely to anymaterial fact upon oath or affirmation legally administered, inany official proceeding before any court, public body, notarypublic or other officer authorized to administer oaths.
2. A fact is material, regardless of its admissibility underrules of evidence, if it could substantially affect, or didsubstantially affect, the course or outcome of the cause, matteror proceeding.
3. Knowledge of the materiality of the statement is not anelement of this crime, and it is no defense that:
(1) The defendant mistakenly believed the fact to beimmaterial; or
(2) The defendant was not competent, for reasons other thanmental disability or immaturity, to make the statement.
4. It is a defense to a prosecution under subsection 1 ofthis section that the actor retracted the false statement in thecourse of the official proceeding in which it was made providedhe did so before the falsity of the statement was exposed.Statements made in separate hearings at separate stages of thesame proceeding, including but not limited to statements madebefore a grand jury, at a preliminary hearing, at a deposition orat previous trial, are made in the course of the same proceeding.
5. The defendant shall have the burden of injecting theissue of retraction under subsection 4 of this section.
6. Perjury committed in any proceeding not involving afelony charge is a class D felony.
7. Perjury committed in any proceeding involving a felonycharge is a class C felony unless:
(1) It is committed during a criminal trial for the purposeof securing the conviction of an accused for murder, in whichcase it is a class A felony; or
(2) It is committed during a criminal trial for the purposeof securing the conviction of an accused for any felony exceptmurder, in which case it is a class B felony.
(L. 1977 S.B. 60)Effective 1-1-79