Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-192 False affidavit.
(a) A person commits the crime of making a false affidavit
if, with purpose to mislead any
person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which
such affidavit is made.
(b) For the purposes of paragraph (a) of this section, the
following shall apply:
(1) 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
(2) Knowledge of the materiality of
the statement is not an element of this crime, and it is no
a. The defendant
mistakenly believed the fact to be immaterial; or
b. The defendant
was not competent, for reasons other than mental disability or
immaturity, to make the statement.
(c) It is a defense to a prosecution under paragraph (a)
of this section that the actor retracted
the false statement by affidavit or testimony but this defense shall not apply if the retraction was
(1) The falsity of the statement was
(2) Any person took substantial action
in reliance on the statement.
(d) The defendant shall have the burden of injecting the
issue of retraction under paragraph (b)
of this section.
(e) Making a false affidavit is a class A misdemeanor if
done for the purpose of misleading a
public servant in the performance of his duty; otherwise making a false affidavit is a class C
(Code 1964, § 7.885)
State law reference(s)--Similar provisions, RSMo. § 575.050.