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What Is the Statute of Limitations for Perjury?
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  • Written By: Alexis W.
  • Edited By: Heather Bailey
  • Last Modified Date: 25 April 2012
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The statute of limitations for perjury refers to the maximum amount of time in which an individual can be charged and tried for the crime of committing perjury. Perjury involves lying under oath, normally in the context of a trial setting, but also in depositions or other legal documents. The statute of limitations for perjury varies depending on the location in which you live and — if you are in the United States — whether you perjured yourself in state or federal court.

As of 2010, in the majority of locations within the United States including at the federal level, the statute of limitations for perjury is three years. This means that, from the time in which the perjury is thought to have occurred, the individual who is accused on lying on the witness stand can be charged and tried only for the next three years. If three years and three months have passed, the individual is generally immune from prosecution. While three years is the most widely used standard, however, it is important to remember that different states and different countries may make their own rules, so consulting with a lawyer is advisable.

There are several reasons the statute of limitations for perjury exists, and many of those reasons are the same as the reason why the concept of a statute of limitations exists in general. While it may seem as if it is unfair that a person should get away with a crime or illegal act simply because too much time has passed, there are important reasons why these time limitations have been imposed by the justice system. In general, it is so individuals have a degree and measure of finality. Without a statute of limitations for perjury — or for any other crime or illegal action — a person would never be able to fully move on with his life and business dealings with the confidence that he wouldn't be sued for actions long past.

Other important reasons exist as well. In general, after several years have passed, witnesses involved with the case may have moved on or scattered. Finding evidence to put together a case — either for the prosecution or defense — can be difficult after a great deal of time has passed. As such, it might be unfair to prosecute someone for perjury four years after the perjury was thought to be committed, since he would no longer be able to collect sufficient evidence to prove himself innocent as a result of the passage of time.

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pleonasm
Post 3

@Iluviaporos - Well, I also think it's got a lot to do with money. It costs money every time they persecute anyone and I think in some cases perjury isn't all that much of a serious crime. Obviously in other cases it is, but three years seems like a good compromise, especially since it's unlikely for a reason to persecute to come up after that point.

lluviaporos
Post 2

@indigomoth - I agree that the statute of limitations for perjury maybe should be a little bit longer than it is currently, but I do think the statute should exist.

You have to remember than perjury is a very difficult thing to prove one way or another in a lot of cases. And it is often in lawyers' best interests to prove it since it can really help a difficult trial to show that someone is lying.

So, it won't just be people who actually commit the crime who have to worry about persecution. Anyone who gives testimony has to worry about being eventually dragged up on charges for perjury, even if only to throw their words into doubt when an appeal is being pursued.

The statute of limitations is there for a very good reason.

indigomoth
Post 1
Of the two reasons given I think the second one has the most weight when it comes to reasons why there might be a statute of limitations for perjury.

As to the first one, well to some extent I think, so what? Why should the person who committed the crime be able to move on with their life without fear of being persecuted after only three years.

In fact the prison sentence for perjury in the United States can be up to five years. So, if someone commits the crime they can either go on the run and spend three years living with the fear of being caught, or five years in actual prison.

I know which one I would prefer! It hardly seems like a deterrent.

On the other hand, the second reason, that it would be very difficult to mount a defense, seems like a much more valid reason. Although, that could be applied to any crime really and I doubt the statute of limitations applies to Of the two reasons given I think the second one has the most weight when it comes to reasons why there might be a statute of limitations for perjury.

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