2014 Missouri Revised Statutes
TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS (556-600)
Chapter 575 Offenses Against the Administration of Justice
Section 575.050 Until December 31, 2016--False affidavit.
575.050. 1. 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 said affidavit is made.
2. The provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.
3. It is a defense to a prosecution under subsection 1 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.
4. The defendant shall have the burden of injecting the issue of retraction under subsection 3 of this section.
5. 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.
(L. 1977 S.B. 60)
Effective 1-01-79
*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.
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