18.2 PERJURY BY CONTRADICTORY STATEMENTS

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
18.2
Statute
§ 837.021, 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 by Contradictory Statements, the State must prove the following six 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 the official proceeding or proceedings in which the alleged contradictory statements were made under oath).

2. In (describe the official proceeding in which one of the statements was made), (defendant) made the statement (read from charge).

3. [In (describe the official proceeding in which the other statement was made), (defendant) made the statement (read from charge).] [In the same proceeding, (defendant) made the statement (read from charge).]

4. (Defendant) made both statements while under oath or affirmation.

5. The statements were contradictory, which means that both statements could not be true.

6. (Defendant) made both statements knowingly and intentionally.

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.

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