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Current as of January 01, 2023 | Updated by FindLaw Staff
1. A person commits the offense of making a false affidavit if, with purpose to mislead any person, he or she, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made.
2. The provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.
3. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
(1) The falsity of the statement was exposed; or
(2) Any person took substantial action in reliance on the statement.
4. The defendant shall have the burden of injecting the issue of retraction under subsection 3 of this section.
5. The offense of making a false affidavit is a class C misdemeanor, unless done for the purpose of misleading a public servant in the performance of his or her duty, in which case it is a class A misdemeanor.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 575.050. False affidavit--penalties - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxviii-crimes-and-punishment-peace-officers-and-public-defenders/mo-rev-st-575-050.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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