Title 97 – CRIMES
Chapter 9 – OFFENSES AFFECTING ADMINISTRATION OF JUSTICE
Article 1 – IN GENERAL
§ 97-9-59 – Perjury; definition
Universal Citation: MS Code § 97-9-59 (2013)
Every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter under any oath, affirmation, or declaration legally administered in any matter, cause, or proceeding pending in any court of law or equity, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense of any private right or for the ends of public justice, or in any matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required by any judicial, executive, or administrative officer, shall be guilty of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed.
Perjury is the deliberate misrepresentation of a “material matter,” in a legal proceeding after having taken an oath to tell the truth. A “material matter,” is a matter that is relevant to the case being tried. If you are testifying about a crime, the false statement must be relevant to that crime.
Perjury may be committed in criminal cases, civil cases, or “in any case where an oath or affirmation is required by law . . . .” This includes making a misrepresentation on an affidavit or sworn statement given to law enforcement. In order to be convicted of perjury, two witnesses must testify to the truth of the matter about which you swore falsely, or at least one witness must testify, along with corroborating circumstances.
The penalties for perjury can be severe. If you are convicted of perjury in a capital or felony offense, you may be imprisoned for not less than ten years. In other cases, sentencing can include imprisonment for a term of no more than ten years.
Conviction for the “subornation” of perjury may also lead to imprisonment. Subornation means aiding or causing another to make material misrepresentations for you in a case, matter, or proceeding. Conviction for the subornation of perjury can include up to ten years imprisonment.
