Maryland criminal law makes it a crime to knowingly and falsely make an affirmation of material fact under oath, or in affidavit authorized by law. The falsity must be given knowingly, and not be the product of surprise or confusion. Moreover, the misrepresentation must relate to a material subject [‘capable of influencing the outcome of the proceedings’. MPJI-Cr 4:26]. If one makes two contradictory statements, the State only needs to prove “that one of the statements is willfully false without specifying which one”. The crime is a misdemeanor, carrying up to 10 years. Subornation of perjury, i.e. procuring another to commit perjury carries the same penalty.
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Eric T. Kirk
Attorney
After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.
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confusion. Moreover, the misrepresentation must relate to a material subject [‘capable of influencing the outcome of the proceedings’. MPJI-Cr 4:26]. If one makes two contradictory statements, the State only needs to prove “that one of the statements is willfully false without specifying which one”. The crime is a misdemeanor, carrying up to 10 years. Subornation of perjury, i.e. procuring another to commit perjury carries the same penalty.