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 York, perjury is considered a serious criminal offense and is codified under the New York Penal Law. Perjury occurs when an individual intentionally makes a false statement under oath or swears to the truth of a statement previously made, knowing it to be false, during a legal proceeding or in a document required by law to be sworn. The severity of the charge can range from a misdemeanor to a felony, depending on the circumstances and the degree of the offense. For example, Perjury in the Third Degree is a class A misdemeanor, while Perjury in the First Degree is a class D felony, which involves swearing falsely and when the false statement is material to the action, proceeding, or matter in which it is made. Suborning perjury, or inducing another person to commit perjury, is also a criminal offense in New York and is treated with similar severity as perjury itself. Federal law also prohibits perjury and subornation of perjury under 18 U.S.C. §1621, with penalties that can include fines and imprisonment. An attorney can provide more detailed information about the potential consequences of a perjury or subornation of perjury charge under both New York State and federal law.