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Florida statute

Fla. Stat. § 837.021 — Perjury by contradictory statements

Current through 2025 Florida Statutes

Part of Chapter 837: Perjury, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 837.021

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 837.021Primary source, current through the 2025 Florida Statutes
(1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) In any prosecution for perjury under this section:(a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.(b) The question of whether a statement was material is a question of law to be determined by the court.(c) It is not necessary to prove which, if any, of the contradictory statements is not true.(d) It is a defense that the accused believed each statement to be true at the time the statement was made. (4) A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury.

Official sources

Questions this section answers

Is perjury by contradictory statements a felony or a misdemeanor in Florida?

It depends on the circumstances: perjury by contradictory statements ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 837.021.

Perjury by contradictory statements — general official proceedings: Felony of the Third Degree (Fla. Stat. § 837.021(1)) · Perjury by contradictory statements — capital felony prosecution proceedings: Felony of the Second Degree (Fla. Stat. § 837.021(2))

Which Florida statute covers perjury by contradictory statements?

Perjury by contradictory statements is governed by Fla. Stat. § 837.021 (Perjury by contradictory statements).

This reference is informational and is not legal advice.