Attorney's Note

Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Felony of the second degreeup to 15 yearsup to $10,000
Felony of the third degreeup to 5 yearsup to $5,000
For details, see Fla. Stat. § 775.082(3)(d) and Fla. Stat. § 775.082(3)(e)

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Terms Used In Florida Statutes 837.02

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Oath: A promise to tell the truth.
  • oath: includes affirmations. See Florida Statutes 1.01

(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant‘s mistaken belief that the statement was not material is not a defense.