Statutes

• Minnesota Statutes Section 609.48 (perjury)
• Minnesota Statutes Section 358.115 (court and filing fees; attestations)
• Minnesota Statutes Section 358.116 (court and filing fees; attestations)

Elements of the Crime

Perjury: Anyone who makes a false statement not believing it to be true in any of the following cases is guilty of perjury:

• 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;
• In any writing which is required or authorized by law to be under oath or affirmation;
• In any declaration signed under penalty of perjury.

Inconsistent Statements: When the declarant has made two inconsistent statements under circumstances where one or the other must be false (and not believed by the declarant), it's sufficient proof for a perjury conviction without determining which statement was false.

Possible Penalties and Sentencing

If the false statement was made in relation to a trial of a felony charge or upon an application for an explosives license or use permit, perjury is punishable by up to 7 years imprisonment, fines up to $14,000, or both. All other cases of perjury are punishable by up to 5 years imprisonment, fines up to $10,000, or both.

Defenses

Possible Defenses:

• Mistake
• Defendant believed the truth of the statement.
• The statement was not false.

Defenses That Cannot Be Used:

• Oath was taken or administered in an irregular manner
• The declarant wasn't competent to give statement; or
• The declarant didn't know that the statement was material or believed it to be immaterial; or
• The statement wasn't used or if it was used, it didn't affect the proceeding; or
• The statement was inadmissible under the law of evidence.