575.060. False declarations.
False declarations.
575.060. 1. A person commits the crime of making a false declarationif, with the purpose to mislead a public servant in the performance of hisduty, he:
(1) Submits any written false statement, which he does not believe tobe true
(a) In an application for any pecuniary benefit or otherconsideration; or
(b) On a form bearing notice, authorized by law, that falsestatements made therein are punishable; or
(2) Submits or invites reliance on
(a) Any writing which he knows to be forged, altered or otherwiselacking in authenticity; or
(b) Any sample, specimen, map, boundary mark, or other object whichhe knows to be false.
2. The falsity of the statement or the item under subsection 1 ofthis section must be as to a fact which is material to the purposes forwhich the statement is made or the item submitted; and the provisions ofsubsections 2 and 3 of section 575.040 shall apply to prosecutions undersubsection 1 of this section.
3. It is a defense to a prosecution under subsection 1 of thissection that the actor retracted the false statement or item but thisdefense shall not apply if the retraction was made after:
(1) The falsity of the statement or item was exposed; or
(2) The public servant took substantial action in reliance on thestatement or item.
4. The defendant shall have the burden of injecting the issue ofretraction under subsection 3 of this section.
5. For the purpose of this section, "written" shall include filingssubmitted in an electronic or other format or medium approved or prescribedby the secretary of state.
6. Making a false declaration is a class B misdemeanor.
(L. 1977 S.B. 60, A.L. 2002 S.B. 895)