Missouri Revised Statutes













Chapter 575

Offenses Against the Administration of Justice

←575.050

Section 575.050.2

575.060→

August 28, 2015

Until December 31, 2016--False affidavit.

575.050. 1. 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.



2. The provisions of subsections 2 and 3 of section 575.040 shall apply

to prosecutions under subsection 1 of this section.



3. It is a defense to a prosecution under subsection 1 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:



(1) The falsity of the statement was exposed; or



(2) Any person took substantial action in reliance on the statement.



4. The defendant shall have the burden of injecting the issue of

retraction under subsection 3 of this section.



5. 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.



(L. 1977 S.B. 60)



Effective 1-01-79



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.