Perjury is the crime of lying under oath; it's a serious offense because it can defeat the core objective of a criminal trial – to uncover the truth.

Historically it meant lying on the stand, but nowadays the meaning covers many legal proceedings, including depositions in civil suits, family law court, bail hearings, grand juries, etc.

If a person lies while making a sworn statement to a government agency, such as the Social Security Administration, or in a financial affidavit, such as a mortgage loan application, it can be perjury.

Defining the Crime of Perjury

If under oath, a witness makes a statement to the court that he or she knows is not true, they commit perjury. However, the false statement must be "material" to the case, meaning it must be relevant to the trial or lawsuit.

Here are some facts about perjury:

• Perjury witnesses must have vowed to tell the truth before a judge, notary public, or other official.
• Silence or the refusal to give a statement does not count as perjury.
• Perjury must involve the "intent" to mislead the court.
• It's not perjury if it stemmed from confusion, a lapse in memory, or a mistake.
• A false statement that was made outside of an official proceeding is not perjury.
• The statement must be "material" for it to be perjury.

If a person is convicted of perjury under federal law, they face up to five years in prison and fines. The punishment for perjury under state laws varies from state-to-state, however, it is a felony, punishable by at least one year in prison, fines and probation.

The penalties increase to the extent that the perjury interfered with the proceeding. If the perjurer lied in his own criminal trial, they face enhanced penalties for their underlying conviction, on the grounds that dishonest defendants are of bad moral character and not easily rehabilitated.

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