Section 575.050

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

Effective - 01 Jan 2017, 2 histories, see footnote   

  575.050.  False affidavit — penalties. — 1.  A person commits the offense of making a false affidavit if, with purpose to mislead any person, he or she, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made.

  2.  The provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.

  3.  It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:

  (1)  The falsity of the statement was exposed; or

  (2)  Any person took substantial action in reliance on the statement.

  4.  The defendant shall have the burden of injecting the issue of retraction under subsection 3 of this section.

  5.  The offense of making a false affidavit is a class C misdemeanor, unless done for the purpose of misleading a public servant in the performance of his or her duty, in which case it is a class A misdemeanor.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17