The primary element of perjury is the intent to deceive. If a person makes an incorrect statement due to confusion or a lapse in memory, it is not considered perjury; the falsehood must be deliberate. It’s also worth noting that perjury applies not only to testimonies in court but also to sworn affidavits, declarations, certifications, and other official documents where the person attests to the truth of the information provided.
Who Investigates Perjury
Investigations into allegations of perjury are typically conducted by law enforcement agencies, such as the Federal Bureau of Investigation (FBI) or local police departments. These agencies have the jurisdiction to collect evidence and interview witnesses to determine if perjury has occurred. The case is then typically forwarded to a prosecutor, who will decide whether there’s sufficient evidence to bring charges.
Federal laws regarding perjury are primarily found in Title 18 of the United States Code, Sections 1621 and 1623. Section 1621, the traditional perjury statute, criminalizes knowingly making a false material declaration under oath in any official proceeding. Section 1623, a more modern statute, criminalizes knowingly making a false material declaration in any federal court proceeding or before any federal grand jury. While both statutes are similar, Section 1623 has certain procedural advantages that make it a more commonly used tool by federal prosecutors in perjury cases.
The penalties for perjury can be severe. Under both Sections 1621 and 1623, a person convicted of perjury can be sentenced to a fine, imprisonment for up to five years, or both. The specific sentence will depend on various factors, including the circumstances of the case and the potential impact of the perjury on the proceedings. It’s important to remember that these statutes are complex and legal representation is often necessary to navigate the intricacies of a perjury case.
Perjury and Sentencing Penalties
The U.S. Sentencing Guidelines (USSG) provide a framework for sentencing in federal offenses, including perjury. The base offense level for perjury is determined according to Section 2J1.3 of the USSG. For perjury, the base offense level is 14.
There are several specific offense characteristics that could lead to enhancements in the sentencing level for perjury:
Substantial Interference with the Administration of Justice: If the perjury resulted in substantial interference with the administration of justice, the offense level is increased by 3 levels.
Perjury, Subornation of Perjury, or Witness Bribery in respect to a criminal offense: If the offense involved perjury, subornation of perjury, or witness bribery in respect to a criminal offense, increase by 2 levels.
If the Offense Resulted in Substantial Interference with the Administration of Justice: Increase by 2 levels.
With the total offense level in mind, which includes the base offense level and any applicable enhancements, the sentencing table provided in the USSG is used to determine the potential sentence. For example, an offense level of 14 for a defendant with no prior criminal history (Criminal History Category I) corresponds to a guideline range of 15 to 21 months of imprisonment.
If there are enhancements, say a 3-level increase for substantial interference with justice and another 2-level increase for perjury in respect to a criminal offense, the total offense level becomes 19. For a defendant in Criminal History Category I with an offense level of 19, the guideline range is 30 to 37 months of imprisonment.
It’s important to note that the USSG are advisory, not mandatory, so the actual sentence can be influenced by various factors and is ultimately at the discretion of the court. In addition to imprisonment, fines can also be imposed. For the most accurate and current information, it is recommended to consult the USSG directly or seek legal advice.