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 South Dakota, perjury is considered a serious criminal offense. It is defined as knowingly making a false statement under oath, either verbally or in writing, that is material to the proceeding at hand. This is covered under South Dakota Codified Laws (SDCL) in Title 22, which pertains to crimes. Specifically, SDCL 22-29-1 outlines the offense of perjury and establishes it as a Class 6 felony, which can carry a penalty of up to two years imprisonment in the state penitentiary or a fine of up to $4,000, or both. Subornation of perjury, which involves persuading or procuring another person to commit perjury, is also a criminal offense and is treated with similar severity. At the federal level, perjury is governed by 18 U.S.C. § 1621, and it can be prosecuted when the false statement is made in relation to a federal proceeding or in a document or statement under federal jurisdiction. Federal penalties for perjury can include fines and imprisonment, and the severity of the punishment can vary based on the circumstances and impact of the false statement.