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.

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

Elements the State must prove

To convict on a Texas § 37.02 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant made a false statement under oath or affirmation
2. With knowledge that the statement was false
3. With intent to deceive
4. 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.