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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

609.48 PERJURY.
    Subdivision 1. Acts constituting. Whoever makes a false material statement not believing it
to be true in any of the following cases is guilty of perjury and may be sentenced as provided in
subdivision 4:
(1) in or for an action, hearing or proceeding of any kind in which the statement is required
or authorized by law to be made under oath or affirmation; or
(2) in any writing which is required or authorized by law to be under oath or affirmation; or
(3) in any other case in which the penalties for perjury are imposed by law and no specific
sentence is otherwise provided.
    Subd. 2. Defenses not available. It is not a defense to a violation of this section that:
(1) the oath or affirmation was taken or administered in an irregular manner; or
(2) the declarant was not competent to give the statement; or
(3) the declarant did not know that the statement was material or believed it to be immaterial;
or
(4) the statement was not used or, if used, did not affect the proceeding for which it was
made; or
(5) the statement was inadmissible under the law of evidence.
    Subd. 3. Inconsistent statements. When the declarant has made two inconsistent statements
under such circumstances that one or the other must be false and not believed by the declarant
when made, it shall be sufficient for conviction under this section to charge and the jury to find
that, without determining which, one or the other of such statements was false and not believed
by the declarant. The period of limitations for prosecution under this subdivision runs from the
first such statement.
    Subd. 4. Sentence. Whoever violates this section may be sentenced as follows:
(1) if the false statement was made upon the trial of a felony charge, or upon an application
for an explosives license or use permit, to imprisonment for not more than seven years or to
payment of a fine of not more than $14,000, or both; or
(2) in all other cases, to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both.
History: 1963 c 753 art 1 s 609.48; 1971 c 845 s 16; 1984 c 628 art 3 s 11; 1986 c 444;
1989 c 290 art 6 s 18

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