What is the Law on Perjury of oath in Nevada and what are the Punishments for it?
In Nevada, perjury is a criminal offense and means lying under oath. On the other hand, the Subornation of perjury is to induce another individual to commit perjury. It is also an unlawful act in the state.
Perjury in Nevada-legal Definition
The simple meaning of perjury is to lie under oath. However, there is also a legal definition in the state. It means when an individual takes an oath during a proceeding such as a judicial one where there is a legal requirement to do so and the individual either:
- Affirms false and willfully or swears in a material matter to the point or issue in question;
- Purposely gives an unqualified statement, which the individual is unaware to be true;
- Executes an affidavit to verify a pleading that constitutes an incorrect statement or induced someone else to do so;
- Induces, bribes, or suborns someone else to affirm or swear or make any kind of unqualified statement;
- Executes an instrument such as an affidavit that has an incorrect statement before an individual authorized for administering oaths or induces someone else to do so.
However, it should be noted that to make a statement when a person is under oath that they are unaware of it to be correct is perjury in the state and is equivalent to a person willfully lying under oath. Other kinds of perjury in the state of Nevada are making a false complaint or affidavit to lead to a search or an arrest. Also, it is also a criminal offense to use a false name on a complaint or an affidavit to lead to a search or an affidavit.
On the other hand, an individual who gives a false statement while under oath is not to have committed perjury in the state in case he/she thought that the statement was true.
In Nevada, another kind of perjury takes place if an individual declares any of the following under a perjury’s penalty or forces or influences another person to do so if the declaration has any of the following:
- A false and willful statement in a material matter to the point or issue in question; or
- An unqualified and willful statement that the individual is unaware to be true.
Nevada Subornation of Perjury
In Nevada, the subornation of perjury signifies bribing or inducing another person to commit perjury. It is imperative to know that inducing another person to commit perjury is regarded as committing perjury himself/herself.
Punishment for Committing Perjury in Nevada
When a person violates the perjury law in the state of Nevada, it is considered to be a Class D felony. The courts in the state carry the following sentence when a person is found guilty of committing the crime:
- A prison term between 1 and 4 years, and
- The convicted may also have to pay a fine amount up to 5,000 USD.
In Nevada, simply trying to suborn, bribe or induce another person for committing perjury is regarded as a gross misdemeanor even when there is no commission of perjury. The punishment includes:
- A maximum jail term of 364 days or/and
- A maximum fine amount of 2,000 USD.
Also, an individual who induces another person to commit or willfully commits perjury, which leads to an innocent person getting convicted and executed, maybe also prosecuted under the state law. It is considered a Class A felony and can be penalized as:
- Life without any kind of possibility of parole
- A prison term of 50 years and the chance of parole after 20 years, or
- Life without the chance of parole