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Section 225.060: Perjury
Sub Section A. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer an oath.
Sub Section B. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course of outcome of the cause, matter or proceeding.
Sub Section C. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
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The defendant mistakenly believed the fact to be immaterial; or
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The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.
Sub Section D. It is a defense to a prosecution under Sub Section (A) of this Section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, included but not limited to, statements made before a grand jury, a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
Sub Section E. The defendant shall have the burden of injecting the issue of retraction under Sub Section (D) of this Section.
Sub Section F. Perjury is a Class A misdemeanor.
Section 225.070: False Affidavit
Sub Section A. A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit swears falsely to a fact which is material to the purpose for which said affidavit is made.
Sub Section B. The provisions of Sub Section (B) and (C) of Section C shall apply to prosecutions under Sub Section (A) of this Section.
Sub Section C. It is a defense to a prosecution under Sub Section (A) of this Section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
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Falsity of the statement was exposed; or
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Any person took substantial action in reliance on the statement.
Sub Section D. The defendant shall have the burden of injecting the issue of retraction under Sub Section (C) of this Section.
Sub Section E. Making a false affidavit is a Class A misdemeanor if done for the purpose of misleading a public servant in the performance of his duty; otherwise making a false affidavit is a Class C misdemeanor.
Section 225.080: False Declaration
Sub Section A. A person commits the crime of making a false declaration if with the purpose to mislead a public servant in the performance of his duty, he;
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Submits any written false statement, which he does not believe to be true;
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In an application for any pecuniary benefit or other consideration; or
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On a from bearing notice authorized by law that false statements made therein are punishable; or
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Submits or invites reliance on;
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Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
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Any sample, specimen, map, boundary mark, or other object which he knows to be false.
Sub Section B. The falsity of the statement or the item under Sub Section (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Sub Sections (B) and (C) of Section 225.060 shall apply to prosecutions under Sub Section (A) of this Section.
Sub Section C. It is a defense to a prosecution under Sub Section (A) of this Section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:
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The falsity of the statement or item was exposed; or
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The public servant took substantial action in reliance on the state or item.
Sub Section D. The defendant shall have the burden of injecting the issue of retraction under Sub Section (C) or this Section.
Sub Section E. Making a false declaration is a Class B misdemeanor.
Section 225.090: Proof of Falsity of Statements
No person shall be convicted of a violation of Perjury, False Affidavit or False Declaration based upon the making of a false statement except upon proof of the falsity of the statement by:
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The direct evidence of two witnesses; or
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The direct evidence of one witness together with strongly corroborating circumstances; or
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Demonstrative evidence which conclusively proves the falsity of the statements; or
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A directly contradictory statement by the defendant under oath together with;
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The direct evidence of one witness; or
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Strongly corroborating circumstances; or
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A judicial admission by the defendant that he made the statement knowing it was false. No admission, which not a judicial admission, by the defendant that he made the statement knowing it was false may constitute strongly corroborating circumstances.
Section 225.100: False Reports
Sub Section A. A person commits the crime of making a false report if he knowingly:
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Gives false report to a law enforcement officer for the purpose of implicating another person in a crime; or
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Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or
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Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
Sub Section B. It is a defense to a prosecution under Sub Section A (1) of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
Sub Section C. The defendant shall have the burden of injecting the issue of retraction under Sub Section A (2) of this Section.
Sub Section D. Making a false report is a Class B misdemeanor.
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