Perjury is the criminal offense of making a false statement under oath—verbally or in writing—that the witness knows to be false and that is material to the proceeding in which the statement is made. And suborning perjury or subornation of perjury is the criminal offense of procuring the perjury of another person.
Perjury is a criminal offense under both state and federal laws and may be prosecuted as a misdemeanor or as a felony offense, depending on the state or federal jurisdiction, and whether there are any aggravating factors that increase the seriousness of the crime. Perjury laws are located in state statutes—often in the penal or criminal code—and the federal perjury law is located in the United States Code at 18 U.S.C. §1621.
In New Jersey, perjury is considered a serious criminal offense. It is defined under New Jersey Statutes Annotated (N.J.S.A.) 2C:28-1 as making a false statement under oath or equivalent affirmation, which the person does not believe to be true. The false statement must be made with the intent to mislead and must be material to the proceeding in which it is made. Perjury in New Jersey is typically treated as a third-degree crime, which can result in a term of imprisonment of 3 to 5 years, a fine, or both. Subornation of perjury, which involves persuading or inducing another person to commit perjury, is also a criminal offense and is addressed under the same legal framework. At the federal level, perjury is governed by 18 U.S.C. §1621, and it carries similar prohibitions against making false statements under oath in federal jurisdictions, with penalties that can include fines and imprisonment.