Is Perjury a Felony? Penalties and Law

According to the United States Department of Justice (DOJ), perjury—knowingly making a false statement under oath—is prosecuted under 18 U.S.C. § 1621 and § 1623, with penalties reaching up to 60 months in federal prison depending on the severity of the false statement.

Perjury creates one of the oldest and most serious threats to justice: lying under oath. The justice system depends on accurate testimony, and everything falls apart when a person deliberately twists the truth.

What Is Perjury? (Legal Definition)

Perjury occurs when a person knowingly makes a false statement under oath in a situation where the law requires truthfulness.
This includes statements during:

• Court testimony
• Depositions
• Sworn affidavits
• Government hearings
• Immigration interviews
• Congressional hearings
• Bankruptcy filings

Three conditions must be present:

1. The person must be under oath.
2. The false statement must be intentional.
3. The lie must relate to a material (important) fact.

If the lie is accidental, unclear, or irrelevant, it is not legally perjury.

Is Perjury a Felony Under Federal Law?

Yes.
Perjury is a federal felony under:

• 18 U.S.C. § 1621
• 18 U.S.C. § 1623

Federal Penalties

Federal law sets the punishment at:

• Up to 60 months of imprisonment
• Fines up to USD 250,000
• Permanent federal criminal record

Federal prosecutors use §1623 most often because it applies specifically to false statements in official proceedings.

Two Types of Federal Perjury

1. General Perjury (§1621)
   Applies to lies made under oath in any federal matter.
2. False Declarations in Court (§1623)
   Applies to lies during federal court, grand jury, or judicial proceedings.

Is Perjury a Felony in Every U.S. State?

Yes—in all 50 U.S. states, perjury is treated as either:

• A felony
• A high-level aggravated misdemeanor (rare)

In 48 states, perjury is strictly a felony.
In 2 states, the penalty varies based on severity.

Learn More: What Is the Penalty for Entering the U.S. Illegally?

Why Is Perjury Almost Always a Felony?

Perjury is treated as a felony because:

• It directly undermines court decisions
• It can lead to wrongful convictions
• It obstructs justice
• It compromises government investigations
• It harms public trust

A lie under oath can overturn a criminal verdict, damage civil rights, or ruin financial cases worth millions. The justice system cannot function if sworn testimony loses its meaning.

Perjury Cases

Case 1: Martha Stewart (2004)

Martha Stewart was convicted not for insider trading but for lying to federal investigators, which included false statements amounting to perjury.

• Sentence: 5 months in federal prison

Case 2: Barry Bonds (2011)

Bonds faced perjury charges for false testimony regarding steroid use.

• Sentence: Home confinement + probation

Case 3: Scooter Libby (2007)

Former aide to Vice President Cheney convicted of perjury during a CIA leak investigation.

• Sentence: 30 months in federal prison

These cases highlight that perjury is treated seriously regardless of fame or political influence.

Elements Prosecutors Must Prove

Prosecutors must show:

1. The defendant took an oath.
2. The statement was material.
3. The statement was false.
4. The defendant knew the statement was false.
5. The lie was intentional, not a mistake.

If even one element fails, the charge collapses.

How Perjury Charges Start?

Perjury charges usually come from judges, prosecutors, federal agencies, grand juries, and state investigative divisions. Perjury is rarely ignored when it affects criminal trials, financial fraud cases, Immigration matters, child custody hearings, and high-value civil disputes.

Penalties for Perjury (Federal & State)

Federal Penalties:

• 60 months imprisonment
• USD 250,000 fine
• Probation
• Loss of voting rights
• Loss of professional licenses
• Immigration consequences (if applicable)

State-Level Penalties:

Different states impose:

• 24–120 months imprisonment
• USD 5,000–USD 20,000 fines
• Restitution
• Court fees
• Supervised release

Aggravating Factors That Increase Sentencing

Sentences get heavier when:

• The lie leads to a wrongful conviction
• The lie corrupts a federal investigation
• The lie results in financial loss
• The lie is part of organized criminal activity
• The defendant destroys evidence
• The defendant influences others to lie

Judges impose the harshest penalties when perjury threatens the fairness of the justice system.

Can You Go to Prison for Perjury?

Yes. Prison is the standard punishment for perjury at both state and federal levels.

Average imprisonment across the U.S.: 36–60 months
Maximum possible in some states: 180 months

Can a Person Be Charged with Perjury Outside Court?

Yes. Perjury applies to any legally sworn statement, including tax forms, insurance claims, government benefit applications, marriage licenses, census forms, immigration documents, bankruptcy filings, and employment background checks. A false sworn document carries the same weight as lying in court.

Who Investigates Perjury?

Depending on the situation:

• Local police
• District attorneys
• State bureaus of investigation
• FBI
• U.S. Attorneys’ Offices
• Federal grand juries

Who Can Be Charged with Perjury?

Any person who lies under oath can be charged, including witnesses, defendants, attorneys, police officers, government employees, court interpreters, and experts affiants (people signing affidavits). Status does not protect anyone.

Most Common Situations Where Perjury Occurs

1. Divorce hearings
2. Child custody cases
3. Financial disputes
4. Criminal trials
5. Immigration interviews
6. Bankruptcy filings
7. Corporate lawsuits
8. Personal injury claims

Courts take perjury especially seriously where children, finances, or public safety are involved.

How Hard Is It to Prove Perjury?

Perjury is difficult to prove because prosecutors must show intent.

A person can avoid conviction if:

• The lie resulted from confusion
• The question was unclear
• The memory was faulty
• The statement was misinterpreted

This is why perjury charges are less common, but still powerful.

Federal vs. State Perjury Laws

Perjury laws in the U.S. share the same foundation—lying under oath—but federal and state systems treat the crime differently. The differences matter because penalties depend on where the lie happens.

Federal cases usually carry greater weight, especially when the lie obstructs national investigations.

Perjury in Divorce, Custody & Family Law Cases

Family law courts see perjury more frequently than criminal courts.

People lie about income, employment, assets, abuse allegations, drug use, parental behavior, relationship histories, and custody-related disputes. Judges often rely heavily on testimony, especially when evidence is thin.
A single false statement can influence:

• Custody decisions
• Visitation rights
• Child support calculations
• Alimony amounts
• Property division

Penalties in Family Court Perjury

• Immediate contempt charges
• Loss of custody rights
• Financial sanctions
• Criminal prosecution (varies by judge)
• Permanent credibility damage in the case

Even emotional lies carry legal weight when told after swearing an oath.

Perjury in Bankruptcy Filings

Bankruptcy fraud is one of the most aggressively prosecuted perjury categories because it directly involves federal courts. People lie about property ownership, Income, debt, creditors, financial transfers, and hidden assets.

Under 18 U.S.C. § 152, making false statements in bankruptcy is a federal felony with penalties reaching 60 months.

The IRS, FBI, and U.S. Trustees monitor filings for false statements.

How Judges Detect Perjury?

Judges watch for contradictory statements, nervous behavior, Implausible details, conflicts with evidence, shifting stories, evasive answers, and memorized-sounding replies.

Judges are trained to analyze testimony patterns and spot inconsistencies.

When testimony conflicts with phone records, emails, videos, police reports, and expert opinions so, they can order a perjury investigation immediately.

Penalties Other Than Prison

Not all perjury convictions lead to prison time, especially for first-time offenders.
Additional consequences including court fines, supervised probation, community service, restitution payments, loss of professional licenses, disqualification from government jobs, immigration consequences, ban from public office, and Civil liability. In civil cases, judges can award damages if a lie caused financial harm.

How Perjury Affects Professional Licenses?

Certain professions are extremely sensitive to character and truthfulness. People convicted of perjury often lose licenses in law, medicine, accounting, real estate, financial advising Social work, law enforcement, and teaching. Professional boards treat dishonesty as a critical breach, often worse than other crimes.

Digital Perjury: Lies in Emails, Messages & Recordings

Modern courts rely heavily on emails Text messages, voice messages, social media posts ,video calls and Digital records. When a person swears under oath and denies sending a message that clearly exists, the contradiction leads to a direct perjury charge.

Examples

• A spouse denies having an affair during a custody trial, but WhatsApp chats show the opposite.
• A defendant denies threatening someone, but voice notes confirm the threat.
• A business owner lies about contract dates, but email timestamps expose the truth.

Digital trails make it easier than ever to prove perjury.

How Prosecutors Build a Perjury Case?

Prosecutors must build a highly structured case to prove perjury.

Step-by-step approach:

Step 1 — Obtain the Original Testimony

They secure:

• Court transcripts
• Deposition recordings
• Sworn affidavits

Step 2 — Identify Contradictions

They gather evidence showing the statement was false:

• Emails
• Documents
• Phone records
• Witness testimony
• Video evidence

Step 3 — Prove Materiality

The false statement must affect the case’s outcome.

A lie about favorite food is irrelevant, but a lie about presence at a crime scene is material.

Step 4 — Prove Intent

Prosecutors show the person:

• Did not misunderstand
• Did not misremember
• Was not confused
• Was fully aware the statement was false

Intent is the most difficult part to prove.

Final Thought

Perjury is treated as a felony almost everywhere in the United States. Federal law under 18 U.S.C. §§ 1621 and 1623 classifies it as a felony with prison terms reaching 60 months, while most states impose penalties ranging from 24 to 180 months. Courts see perjury as a direct attack on the justice system because a false sworn statement can change the outcome of criminal trials, civil disputes, financial cases, and government decisions.

Anyone who knowingly lies under oath—whether in court, during a deposition, in a sworn affidavit, or in government paperwork—risks felony charges. A perjury conviction often brings more than prison time: fines, loss of professional licenses, immigration issues, and permanent credibility damage.

FAQs