The penalty for perjury under federal law is up to five years in federal prison and a fine of up to $250,000 for an individual, under 18 U.S.C. § 1621.1Office of the Law Revision Counsel. 18 USC 1621 Perjury Generally It is a felony, not a slap on the wrist, and it reaches far beyond courtroom testimony. Depositions, affidavits, tax returns, immigration forms, bankruptcy schedules, and any document signed “under penalty of perjury” all carry the same exposure as lying on the witness stand.
How Long You Can Go to Prison and How Much You Can Be Fined
The five-year maximum is set by the statute itself. The fine comes from 18 U.S.C. § 3571, the federal fine schedule, which caps felony fines for individuals at $250,000. If the lie produced a financial gain or caused a financial loss, the fine can rise to twice the gain or twice the loss, whichever is greater.2Office of the Law Revision Counsel. 18 USC 3571 Sentence of Fine
The sentence is the headline, but it isn’t the whole cost. A perjury conviction is a federal felony, and federal felonies carry lasting consequences well after any prison term ends. Convicted felons cannot possess firearms under federal law. Voting rights can be lost until a sentence is completed, depending on the state. Professional licenses, security clearances, government benefits, and many jobs are closed off or placed at risk. These collateral effects follow the conviction, not just the time served.
What the Government Has to Prove
Perjury charges fail more often than people expect, because the statute puts four separate elements in the prosecutor’s path. Each one is a potential defense.
- A valid oath or declaration. The person was under a lawfully administered oath, or signed a document under penalty of perjury as authorized by federal law.
- A false statement. Something actually untrue was said or written. Opinions, estimates, and genuinely misremembered details do not count.
- Willfulness. The person knew the statement was false when they made it. The statute targets people who state things they “do not believe to be true.” An honest mistake, even a careless one, is not perjury.
- Materiality. The false statement had to be capable of influencing the proceeding. An obvious lie about an irrelevant detail is not perjury.
All four elements come straight from the statute, and a failure on any one of them ends the case.1Office of the Law Revision Counsel. 18 USC 1621 Perjury Generally
The Two-Witness Rule
Section 1621 carries an unusual corroboration requirement. One witness alone cannot prove the defendant’s statement was false. The government needs a second witness or independent evidence backing up the claim of falsity. The corroborating evidence does not have to be conclusive, but it has to exist. When falsity is proved entirely through circumstantial evidence, the corroboration requirement does not apply.3United States Courts for the Ninth Circuit. 24.14 Perjury – Testimony 18 USC 1621 Model Jury Instructions
Literal Truth Is Not Perjury
In Bronston v. United States, the Supreme Court held that a literally true answer cannot be perjury, even if it is deliberately misleading or unresponsive. The perjury statute, the Court said, “does not reach a witness’ answer that is literally true, but unresponsive, even assuming the witness intends to mislead his questioner by the answer.”4Legal Information Institute. Samuel Bronston, Petitioner, v. United States If a lawyer asks a sloppy question and gets a technically true but evasive answer, the remedy is a sharper follow-up, not a prosecution. A surprising share of perjury investigations end on this rule.
The Statute Prosecutors Often Prefer: § 1623
Federal prosecutors have a second perjury-type statute available in court and grand jury proceedings: 18 U.S.C. § 1623. The maximum penalty is the same, five years in prison and the § 3571 fine schedule, but the government’s path is easier.5Office of the Law Revision Counsel. 18 USC 1623 False Declarations Before Grand Jury or Court
Two features make § 1623 attractive to the government. The two-witness rule is gone; the statute expressly says conviction does not require any particular number of witnesses or any specific kind of evidence. And if a person makes two statements under oath that cannot both be true, the government can charge them without even identifying which one was the lie, so long as both were material.5Office of the Law Revision Counsel. 18 USC 1623 False Declarations Before Grand Jury or Court
Recantation
Section 1623 contains a protection § 1621 does not: a recantation defense. If you make a false statement during a court or grand jury proceeding, you can avoid prosecution by admitting the lie during the same continuous proceeding, but only if two conditions are met. The false statement must not have substantially affected the proceeding yet, and the falsity must not already have been exposed or be about to be exposed.5Office of the Law Revision Counsel. 18 USC 1623 False Declarations Before Grand Jury or Court Correcting yourself during the same hearing can save you. Coming back weeks later after investigators have found the truth will not.
Related Crimes That Carry the Same Exposure
Talking Someone Else Into Lying
Persuading or pressuring a witness to commit perjury is its own felony under 18 U.S.C. § 1622, with the same five-year maximum and the same fine range as perjury itself.6Office of the Law Revision Counsel. 18 US Code 1622 – Subornation of Perjury
Lying to Federal Officials Without an Oath
You do not have to be under oath to commit a federal crime by lying. Under 18 U.S.C. § 1001, knowingly making a false statement to any branch of the federal government is a felony punishable by up to five years in prison. The statute covers hiding a material fact, making a fraudulent statement, or submitting a false document to a federal agency. No oath, no courtroom. An FBI interview, a customs declaration, or a written submission to a regulator can all trigger liability.7Office of the Law Revision Counsel. 18 US Code 1001 – Statements or Entries Generally
If the false statement involves terrorism, the maximum climbs to eight years. The same enhanced penalty applies when the matter relates to certain sex offenses or human trafficking.7Office of the Law Revision Counsel. 18 US Code 1001 – Statements or Entries Generally
State Perjury Is a Separate System
Every state criminalizes perjury on its own terms, and the penalties vary widely. Classifications range from misdemeanors carrying up to a year in jail to felonies punishable by ten years or more, depending on the jurisdiction and the context of the lie. Some states impose harsher penalties when the perjury occurs in a capital case or contributes to someone else’s conviction. Anyone facing a state investigation should look at the specific statute in their state rather than relying on the federal numbers above.