575.050. False affidavit.
False affidavit.
575.050. 1. A person commits the crime of making a falseaffidavit if, with purpose to mislead any person, he, in anyaffidavit, swears falsely to a fact which is material to thepurpose for which said affidavit is made.
2. The provisions of subsections 2 and 3 of section 575.040shall apply to prosecutions under subsection 1 of this section.
3. It is a defense to a prosecution under subsection 1 ofthis section that the actor retracted the false statement byaffidavit or testimony but this defense shall not apply if theretraction was made after:
(1) The falsity of the statement was exposed; or
(2) Any person took substantial action in reliance on thestatement.
4. The defendant shall have the burden of injecting theissue of retraction under subsection 3 of this section.
5. Making a false affidavit is a class A misdemeanor if donefor the purpose of misleading a public servant in the performanceof his duty; otherwise making a false affidavit is a class Cmisdemeanor.
(L. 1977 S.B. 60)Effective 1-1-79