PERJURY AND RELATED OFFENSES

KRS tit. L, ch. 523

in effect

KRS 523.010 Definitions

523.010. Definitions The following definitions apply in this chapter unless the context otherwise requires: (1) "Material false statement" means any false statement, regardless of its admissibility under the rules of evidence which could have affected the outcome of the proceeding. Whether a falsification is material in a given factual situation is a question of law. (2) "Oath" means an affirmation or other legally authorized manner of attesting to the truth of a statement. A written statement shall be treated as if made under oath when: (a) The statement was made on or pursuant to a form bearing notice, authorized by law, that false statements made therein are punishable; or (b) 1. The document recites that the statement was made under oath, and 2. a. The declarant was aware of such recitation at the time he made the statement; b. The declarant intended that the statement be represented as sworn; and c. The statement was in fact so represented by its delivery or utterance with the signed jurat of an officer, authorized to administer oaths appended thereto. (3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings. (4) "Required or authorized by law" means the oath is provided for by statute, regulation, court rule, or otherwise by law. (5) "Statement" means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. (6) "Public servant" means: (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or (b) Any person exercising the functions of any such public officer or employee; or (c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or (d) Any person elected, appointed or designated to become a public servant although not yet occupying that position. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 190, effective January 1, 1975. Legislative Research Commission Note (12/12/94). To make its numbering consistent with standard practice, subsection (2) of this statute has been renumbered under the authority of KRS 7.136(1)(a).

KRS 523.020 Perjury in the first degree

523.020. Perjury in the first degree (1) A person is guilty of perjury in the first degree when he or she makes a material false statement, which he or she does not believe: (a) In any official proceeding under an oath required or authorized by law; (b) In a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his or her official functions when such person is subscribing a warrant accusing his or her spouse of an offense under KRS Chapter 510; or (c) In an application for a warrant under KRS 455.180. (2) Perjury in the first degree is a Class D felony. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 202, sec. 4, effective June 29, 2021. -- Amended 1986 Ky. Acts ch. 486, sec. 2, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 191, effective January 1, 1975.

KRS 523.030 Perjury in the second degree

523.030. Perjury in the second degree (1) A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions. (2) Perjury in the second degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 192, effective January 1, 1975.

KRS 523.040 False swearing

523.040. False swearing (1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law. (2) False swearing is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 193, effective January 1, 1975.

KRS 523.050 Inconsistent statements

523.050. Inconsistent statements (1) When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one (1) or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one (1) or the other was false and not believed by the defendant to be true. (2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two (2) statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two (2) statements, the person may only be convicted of false swearing. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 194, effective January 1, 1975.

KRS 523.060 Corroboration

523.060. Corroboration In any prosecution for perjury or false swearing, except prosecution based upon inconsistent statements pursuant to KRS 523.050, falsity of a statement may not be established solely through contradiction by the testimony of a single witness. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 195, effective January 1, 1975.

KRS 523.070 Previous trial

523.070. Previous trial No prosecution shall be brought under this chapter when the substance of the defendant's false statement is his denial of guilt in a previous criminal trial. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 196, effective January 1, 1975.

KRS 523.080 Irregularities -- No defense

523.080. Irregularities -- No defense It is not a defense to prosecution under this chapter that: (1) The oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement; or (2) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused or the subject matter. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 197, effective January 1, 1975.

KRS 523.090 Retraction

523.090. Retraction No person shall be guilty of an offense under this chapter if he retracted the falsification in the course of the proceeding in which it was made before such false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 198, effective January 1, 1975.

KRS 523.100 Unsworn falsification to authorities

523.100. Unsworn falsification to authorities (1) A person is guilty of unsworn falsification to authorities when, with an intent to mislead a public servant in the performance of his duty, he: (a) Makes a material false written statement, which he does not believe, in an application for any pecuniary or other benefit or in a record required by law to be submitted to any governmental agency; (b) Submits or invites reliance on any writing which he knows to be a forged instrument, as defined in KRS 516.010; or (c) Submits or invites reliance, except as provided in KRS 516.110, on any sample, specimen, map, boundary mark, or other object he knows to be false. (2) Unsworn falsification to authorities is a Class B misdemeanor. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 94, sec. 4, effective July 13, 2004. -- Created 1974 Ky. Acts ch. 406, sec. 199, effective January 1, 1975.

KRS 523.110 Giving peace officer false identifying information

523.110. Giving peace officer false identifying information (1) A person is guilty of giving a peace officer false identifying information when he or she gives a false name, address, or date of birth to a peace officer who has asked for the same in the lawful discharge of his or her official duties with the intent to mislead the officer as to his or her identity. The provisions of this section shall not apply unless the peace officer has first warned the person whose identification he or she is seeking that giving a peace officer false identifying information is a criminal offense. (2) Giving a peace officer false identifying information is a Class B misdemeanor. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 98, sec. 2, effective July 15, 2016. -- Created 1990 Ky. Acts ch. 447, sec. 1, effective July 13, 1990.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39389Fetched: 10/20/2026