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Our Frisco officeEst. 2011
The L and L Law Group team·Frisco, Texas

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.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 37.02
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

ElementDetail
StatuteTexas § 37.02
ClusterObstruction of Justice
ClassificationClass A misdemeanor
RangeClass A misdemeanor (up to 1 year in county jail + $4,000 fine) under § 12.21
Last reviewed2026-05-15

Elements the State must prove

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

  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:

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?
Perjury under § 37.02 covers any false statement under oath, regardless of materiality. Aggravated perjury under § 37.03 requires the false statement to be material to an official proceeding and is a third-degree felony — substantially more serious than misdemeanor perjury.
Can I be prosecuted for lying in a deposition?
Yes. § 37.02 reaches any sworn statement — depositions, affidavits, grand jury testimony, administrative hearings — not just trial testimony. Deposition perjury can also support aggravated perjury if the lie is material to the underlying lawsuit.
Does retraction protect me from perjury charges?
Possibly. § 37.05 provides a retraction defense if the defendant retracts the false statement before completion of the testimony at the proceeding and before manifest exposure becomes likely. The defense applies only to aggravated perjury, not basic perjury.
What does 'material' mean for aggravated perjury?
A statement is material if it could have affected the course or outcome of the official proceeding. Materiality is a question of law decided by the judge under § 37.04. Even small lies on collateral matters can be material if they bear on credibility.
Can I be convicted on the testimony of one witness?
Generally no — the Texas 'two-witness rule' for perjury requires the State to prove falsity by two witnesses or one witness plus corroborating evidence. This rule, though not statutory, remains in Texas common law and is regularly enforced.

References & Authoritative Sources

  1. Texas § 37.02
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

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.

Charged with Perjury? Talk to L and L Law Group.

Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.

Call (972) 370-5060

Service Areas

L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

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