Perjury — Retraction

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  1. (a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement:

    1. (1) In a manner showing a complete and voluntary retraction of the statement;

    2. (2) During the course of the same official proceeding in which the statement was made; and

    3. (3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.

  2. (b) A statement made in a separate hearing at a separate stage of the same case or administrative proceeding is deemed to have been made in the course of the same proceeding.

  3. (c) Any person who in making a retraction causes termination of any official proceeding by reason of prejudice to a legal right of a party to the official proceeding is guilty of a Class A misdemeanor.


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