18.1 PERJURY (NOT IN AN OFFICIAL PROCEEDING) (IN AN OFFICIAL PROCEEDING)
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 18.1
- Statute
- §§ 837.012, 837.02, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of [Perjury Not in an Official Proceeding] [Perjury in an Official Proceeding], the State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) took an oath or otherwise affirmed that [he] [she] was obligated by conscience or by law to speak the truth in (describe proceedings, official or unofficial, in which the alleged oath was taken).
2. The oath or affirmation was made to (person allegedly administering oath), who was a (official capacity).
3. (Defendant), while under an oath, made the statement (read from charge).
4. The statement was false.
5. (Defendant) did not believe the statement was true when [he] [she] made it.
Lesser-included offenses
As the instruction lists them, word for word.
No lesser included offenses have been identified for this offense.
Related practice page
Perjury and False Statements Under Oath in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.