Tennessee § 39-16-702 - Perjury.

§ 39-16-702. Perjury.

A person commits an offense who, with intent to deceive: Makes a false statement, under oath; Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury. Perjury is a Class A misdemeanor. Perjury committed on an application for a handgun carry permit under § 39-17-1351 or § 39-17-1366 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury. Perjury committed on a sexual offender or violent sexual offender TBI registration form under title 40, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury. Acts 1989, ch. 591, § 1; 1997, ch. 468, § 1; 2004, ch. 921, § 2; 2011, ch. 211, § 1; 2019, ch. 479, § 15. Sentencing Commission Comments. This section punishes a person who makes or confirms a false statement under oath or, on rare occasions, not under oath but on an official document indicating that a false statement is subject to penalty for perjury. Compiler's Notes. Acts 2004, ch. 921, § 4 provided that all sexual offenders who were, prior to August 1, 2004, subject to the provisions of former title 40, chapter 39, part 1, shall, on and after August 1, 2004, be subject to the provisions of title 40, chapter 39, part 2, created by that act. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Amendments. The 2019 amendment, effective January 1, 2020, inserted “or § 39-17-1366 ” in the first sentence of (b)(2). Effective Dates. Acts 2019, ch. 479, § 22. January 1, 2020. Cross-References. Clerk, false statement in revenue report, § 9-2-111 . County board of equalization, false swearing before, § 67-5-1404 . Disfranchisement on conviction, § 40-20-112 . Expense account for state and county officers, false oath, § 8-26-111 . Gift tax, false return as perjury, § 67-8-110 . Heirship affidavits, false swearing, § 30-2-712 . Judge of general sessions court, false statement in revenue report, § 9-2-111 . Legislative committee, perjury before, § 3-3-120 . National guard, false oath to statement in enlistment contract, § 58-1-222 . Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Penitentiary officer or employee violating oath, § 41-1-103 . Privilege tax on production of special nuclear material, perjured return, § 67-4-1107 . Rule Reference. This section is referred to in the text of and appendix to Rule 24 of the Rules of the Supreme Court of Tennessee. Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Perjury, §§ 2, 3. Attorney General Opinions. T.C.A. § 39-16-704 does not apply to perjury, even though simple perjury has been held to be a lesser included offense of aggravated perjury, OAG 02-120 (10/28/02). A jury may still convict a defendant of simple perjury, even if it is persuaded that the defendant has made an effective retraction, OAG 02-120 (10/28/02).