(a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement:
(1) In a manner showing a complete and voluntary retraction of the statement;
(2) During the course of the same official proceeding in which the statement was made; and
(3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(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.
(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.
Section: Previous 5-53-102 5-53-103 5-53-104 5-53-105 5-53-106 5-53-107 5-53-108 5-53-109 5-53-110 5-53-111 5-53-112 5-53-113 5-53-114 5-53-115 NextLast modified: November 15, 2016