Aggravated Perjury: Penal Code §37.03

Texas Criminal Law

The Aggravated Perjury crime in the state of Texas gives the state the right to arrest you if they believe you committed perjury during an official proceedings and the false statement was important to the proceeding. Learn more detailed information about the Aggravated Perjury offense below.

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In order to be charged with Aggravated Perjury, the state has to believe you committed the base offense of Perjury. Perjury is defined in Section 37.02 of the Texas Penal Code.

Aggravated Perjury is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury and Other Falsifications.”

What is the current Texas law about Aggravated Perjury?

The current Texas law defines the offense of Aggravated Perjury in Penal Code Section §37.03 as follows:[1]

(a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:

(1) is made during or in connection with an official proceeding; and

(2) is material.

How can I be charged with Aggravated Perjury?

You can be charged with Aggravated Perjury if the state’s attorneys believe that each of the elements of 37.03(a) as described in the section above have been met. This is the offense that you might be threatened for prosecution with if the state’s attorneys think you are going to lie while testifying at trial.

What is the punishment for Aggravated Perjury?

A conviction for Aggravated Perjury is punished as a Felony of the Third Degree,[2] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Judges have been known to sentence people to the upper end of that range.

Learn about the differences between grades of felonies and misdemeanors

Legal References:

^1. Texas Penal Code §37.03^2. Texas Penal Code §37.03(b)

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