Texas perjury — Penal Code § 37.02
Texas perjury is a criminal offense under Penal Code § 37.02. Base conduct is classified as a Class A misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Class A misdemeanor
Punishment range: Class A misdemeanor (up to 1 year in county jail + $4,000 fine) under § 12.21
The controlling statute
Texas Penal Code § 37.02 punishes a person who, with intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a previously made false statement. The statute covers any official proceeding where an oath is administered — civil trials, criminal trials, depositions, grand juries, administrative hearings. § 37.02 perjury is the misdemeanor base offense; aggravated perjury under § 37.03 elevates the offense to a third-degree felony when the lie is material to an official proceeding.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 37.02 |
| Cluster | Obstruction of Justice |
| Classification | Class A misdemeanor |
| Range | Class A misdemeanor (up to 1 year in county jail + $4,000 fine) under § 12.21 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 37.02 charge, the State must prove every element beyond a reasonable doubt:
- Defendant made a false statement under oath or affirmation
- With knowledge that the statement was false
- With intent to deceive
- The oath was authorized or required by law
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Perjury case:
- Truth as absolute defense — the State must prove the statement was false beyond a reasonable doubt
- Lack of intent to deceive — honest misunderstanding or memory lapse negates mens rea
- Retraction under § 37.05 — timely correction before the proceeding ends may bar prosecution
- Ambiguous question doctrine — Bronston-style defense that a literally true response to a poorly worded question is not perjury
- Materiality — for aggravated perjury, the State must prove the lie was material to the proceeding
- Suppression of compelled testimony in violation of Fifth Amendment self-incrimination
Enhancements & collateral consequences
When the false statement is material to an official proceeding, charges elevate to aggravated perjury under § 37.03, a third-degree felony (2–10 years + $10,000). Materiality is a question of law for the court. Multiple lies in one proceeding can support multiple counts. Federal exposure under 18 U.S.C. § 1621 may apply for federal court testimony.
Key Legal Terms
- Oath
- A solemn affirmation administered by an authorized officer; covers court testimony, depositions, affidavits, and notarized statements.
- Retraction (§ 37.05)
- Affirmative defense to aggravated perjury where defendant corrects the false statement before the proceeding ends and before exposure becomes likely.
- Materiality (§ 37.04)
- Whether the statement could have affected the course or outcome of the proceeding; question of law, not fact.
Frequently Asked Questions
What is the difference between perjury and aggravated perjury?
Can I be prosecuted for lying in a deposition?
Does retraction protect me from perjury charges?
What does 'material' mean for aggravated perjury?
Can I be convicted on the testimony of one witness?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
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