Is Perjury a Felony? False Statements, False Swearing, and Penalties by State (2026)

Yes — perjury is a felony in almost every U.S. jurisdiction when it is committed under oath in an official proceeding and the false statement is material. Federally, 18 USC 1621 (general perjury) and 18 USC 1623 (false declarations before a federal court or grand jury) both carry up to 5 years in prison, and 18 USC 1001 (false statements to the federal government, no oath required) also carries up to 5 years. Among the states, perjury is typically graded as a Class C/D/E or third/fourth-degree felony with maximum terms ranging from about 2 years (Utah, third degree) to 15 or even 20 years (Michigan, Vermont, Massachusetts). Unsworn false statements and simple false swearing are more often misdemeanors, though a handful of states such as Arizona grade even false swearing as a felony. The single most important variables are whether the statement was made under oath, whether it was material, and whether it was made in an official proceeding.

Perjury is the willful giving of false testimony or the making of a false statement under oath, where the statement is material to the proceeding. The classic common-law elements are: an oath authorized by law, intent to make a false statement, a materially false statement, and (under federal 1621) the two-witness rule requiring corroboration. Modern statutes have narrowed and broadened these elements in different ways: 18 USC 1623, designed for federal grand jury and court proceedings, drops the two-witness rule, allows inconsistent-declaration indictments, and offers a recantation safe harbor (1623(d)). State codes generally track either the common-law oath-and-materiality model or split perjury into degrees based on the type of proceeding and the seriousness of the matter affected.

The sworn-versus-unsworn line matters a great deal. A statement made under oath in a deposition, at trial, before a grand jury, or in a sworn affidavit is the core of perjury and is almost always a felony. Statements made under penalty of perjury pursuant to 28 USC 1746 (the federal declaration statute) are treated the same as sworn statements for federal perjury purposes. An unsworn lie to a government investigator, on the other hand, is not classic perjury but can still be prosecuted under 18 USC 1001 (federal) or a state false-statutes statute — and 1001 is a felony even though no oath was involved. Many states separately criminalize false swearing — a false oath made outside an official proceeding — and typically grade it lower, as a misdemeanor.

Materiality is a core element of federal perjury under 1621 and 1623 and of most state perjury statutes. A statement is material if it has a natural tendency to influence, or is capable of influencing, the decision of the tribunal or agency to which it was addressed — it does not need to have actually changed the outcome. Under 18 USC 1001, the false statement must also be material to a matter within federal jurisdiction. Some states criminalize any false oath regardless of materiality (often as the lesser offense of false swearing), but for felony perjury, materiality is almost universally required. Immaterial misstatements, even under oath, generally do not support a felony perjury conviction.

18 USC 1621 is the general federal perjury statute: it applies to anyone who, after a lawful oath to testify truthfully, willfully states a material matter he does not believe to be true, and carries up to 5 years. 18 USC 1623 targets false declarations before a federal court or grand jury (including FISA Court proceedings, where the maximum rises to 10 years); it relaxes the two-witness rule (1623(e)), permits inconsistent-declaration indictments (1623(c)), and provides a recantation defense if the witness admits the falsity before it has substantially affected the proceeding (1623(d)). 18 USC 1001 is the broadest: it criminalizes any knowingly and willfully materially false, fictitious, or fraudulent statement or entry in any matter within the jurisdiction of the executive, legislative, or judicial branch — no oath required — with up to 5 years (8 years for terrorism and certain sex-offense matters). 18 USC 1622 punishes subornation of perjury with up to 5 years.

Subornation of perjury is the offense of procuring, inducing, or causing another person to commit perjury. Federally it is 18 USC 1622 and carries the same 5-year maximum as perjury itself. To prove subornation, the government must generally show that the defendant knew the testimony would be false and that the other person in fact committed perjury. Subornation is charged against lawyers, witnesses who coach other witnesses, and anyone who persuades a witness to lie under oath. State codes generally mirror the federal approach, grading subornation the same as the underlying perjury (typically a felony).

Public officials who lie under oath — whether in testimony, in a sworn filing, or in the oath of office itself — are charged under the same perjury statutes as anyone else, and the felony classification applies. Beyond criminal penalties, a perjury conviction can trigger removal from office, forfeiture of a professional license, disqualification from future public employment, and in some states automatic loss of a notary commission. False statements on required government disclosure forms (ethics filings, financial disclosures, immigration petitions) can be charged as perjury if sworn, or as false statements under 18 USC 1001 if unsworn. The collateral damage to a public officials career is typically more severe than the criminal sentence.

For non-citizens, perjury can be devastating beyond the criminal sentence. Under 8 USC 1101(a)(43), a perjury conviction can qualify as an aggravated felony if the term of imprisonment is at least one year, which triggers mandatory deportation, permanent inadmissibility, and loss of nearly all forms of immigration relief. Even where the sentence is under one year, a perjury conviction is a crime involving moral turpitude for immigration purposes and can render a person inadmissible or removable. Collaterally, a perjury conviction destroys courtroom credibility — any future testimony can be impeached with the prior conviction — and is frequently used as a sentencing enhancement in later proceedings. Prosecutors, lawyers, notaries, and licensed professionals face automatic license consequences. False-statutes convictions under 18 USC 1001 carry similar collateral weight.

If you are charged with perjury or false statements, treat it as a serious felony matter even if you believe the statement was truthful or immaterial. Do not make any further statements to investigators without counsel. A federal 1623 charge may be defeasible through the recantation safe harbor (1623(d)) only if you admitted the falsity in the same proceeding before it substantially affected the case and before the falsity was exposed — early and skilled counsel is essential. Materiality, the two-witness rule (for 1621 and many state statutes), and the willfulness/knowledge elements are all live defense topics. Because perjury is a felony in most jurisdictions and carries immigration consequences for non-citizens, a lawyer familiar with both criminal defense and immigration law should review any potential plea. This is informational only, not legal advice — consult a licensed attorney in your jurisdiction.