Maine Revised Statutes Title 17-A Sec. 451 – Perjury
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1. A person is guilty of perjury if he makes:
A. In any official proceeding, a false material statement under oath or affirmation, or swears or affirms the truth of a material statement previously made, and he does not believe the statement to be true; or [PL 1975, c. 740, §61 (AMD).]
B. Inconsistent material statements, in the same official proceeding, under oath or affirmation, both within the period of limitations, one of which statements is false and not believed by him to be true. [PL 1975, c. 499, §1 (NEW).]
[PL 1975, c. 740, §61 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 451
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. In a prosecution under subsection 1, paragraph B, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the person to be true.
[PL 1999, c. 13, §1 (AMD).]
3. It is an affirmative defense to prosecution under this section that the defendant retracted the falsification in the course of the official proceeding in which it was made, and before it became manifest that the falsification was or would have been exposed.
[PL 1981, c. 317, §12 (AMD).]
3-A. In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony in the prior official proceeding was contradicted by evidence in that proceeding may not be a sufficient basis by itself to sustain a conviction for perjury.
[PL 1981, c. 317, §13 (NEW).]
4. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
[PL 1975, c. 740, §62 (AMD).]
5. As used in this section:
A. “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding; [PL 1975, c. 499, §1 (NEW).]
B. “Material” means capable of affecting the course or outcome of the proceeding. [PL 1975, c. 499, §1 (NEW).]
[PL 1975, c. 499, §1 (NEW).]
6. Perjury is a Class C crime.
[PL 1975, c. 499, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§61,62 (AMD). PL 1979, c. 512, §27 (AMD). PL 1981, c. 317, §§12,13 (AMD). PL 1999, c. 13, §1 (AMD).