Music, hi! This is Mike Haber. Thank you for asking me what perjury is in the state of Florida. Perjury can loosely be defined as lying under oath, but as usual, when it comes to the law, there's much more to it than just that. To be convicted of perjury in Florida, the state has to prove beyond a reasonable doubt that: - You took an oath to tell the truth. - The oath was given to you by someone with authority to do so in an official capacity. - While you were under oath, you made a false statement. - At the time you made that false statement, you knew it was untrue. The kicker with perjury is that the false statement knowingly made while under oath must be material, which means it has the potential to affect a pending issue. So, for perjury, lying under oath is not enough. Your lie must also relate to a material matter in the proceedings at hand. You may have noticed that materiality is not one of the elements that the state must prove. This is because the issue of materiality must be determined by a judge before the case proceeds. It's a condition precedent to a perjury prosecution. So, if the judge decides that a false statement does not relate to a material matter in the proceedings, then your perjury charge is going to be dismissed. Perjury in an unofficial proceeding is a first-degree misdemeanor punishable by up to 364 days in jail. However, if perjury occurs during an official proceeding, such as before a legislative, judicial, administrative, or other governmental agency or official, then it's a third-degree felony and punishable by up to five years in state prison. I thank you for your question and appreciate your having asked it. I invite you to...
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