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 proceeding.

    (2)    Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

        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 made after:
    (1)    The falsity of the statement was exposed; or

    (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 misdemeanor.

(Code 1964, § 7.885)

     State law reference(s)--Similar provisions, RSMo. § 575.050.