“Perjury is a tough rap to prove.” –Richard M. Nixon

The whole world seems to be talking about Ryan Lochte’s lies to law enforcement officials in Rio, and with good cause. His actions have overshadowed the games. He has further embarrassed his teammates, his country and raised the specter of the “Ugly American” again.

Under Missouri law, his lies, if made during an “official proceeding”, would subject him to perjury charges.

575.040. 1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.

2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.

3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) The defendant mistakenly believed the fact to be immaterial; or

(2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.

4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.

Perjury is a felony under Missouri law. Lying under oath is an extremely serious crime because it strikes at the foundation of the entire American legal system. Our justice system relies upon witnesses who provide truthful testimony.

What Is Perjury?

Perjury is a statement, under oath, in an official proceeding, that the witness knows is not true. The statement must be “material” to the subject of the proceeding. In other words, the lie must have some relationship to the lawsuit, investigation, or inquiry of the proceeding. Silence or a refusal to give a statement is not perjury. The lie must be made with the intent to mislead the court. Because of the intent requirement, false statements that result from confusion, lapse of memory, or mistake are not perjurious.

What is a Material Statement?

Only a “material” statement can be perjury. A material statement is one that is capable of influencing the proceeding. Stated another way, the false statement must have a relationship to the subject of the proceeding, including false statements that would mislead or hamper an investigation. A lie, even under oath, if it is not material to the proceeding, is not perjury. For example, falsely bragging that “I never use social media at work,” while testifying in a case having nothing to do with social media use at work, would not be perjurious.

Other Consequences

Even if formal criminal charges are not pursued, perjury may have other consequences. Former President Bill Clinton agreed to a five (5) year suspension of his law license in Arkansas after he admitted to giving “knowingly evasive and misleading discovery responses concerning his relationship with Monica Lewinsky.”

If you need legal assistance, or for further information about criminal law, please contact us or call Kennedy, Kennedy, Robbins & Yarbro, LC, at (573)686-2459.