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The statute of limitations for the Colorado crime of perjury depends upon the type of offense: It is:
| Type of Colorado perjury charge | Statute of Limitations to bring a criminal prosecution in Colorado |
| First-degree (class 4 felony) | 3 years after the discovery of the false statement |
| Second-degree (class 2 misdemeanor) | 18 months after the discovery of the false statement |
| False swearing (petty offense) | 6 months after the discovery of the false statement |
Note that the statute of limitations does not necessarily begin to run when the false statement is actually uttered or written. Instead, the statute of limitations tolls (pauses) until the statements at issue are discovered to be false. This could potentially be years after the original statement was made.
Perjury in the first degree occurs when a person knowingly makes a materially false statement which he/she does not believe to be true in an official proceeding. The classic example is a person lying under oath while on the witness stand.
For a statement to be “materially false,” it must be in fact inaccurate, not merely vague or misleading. People who lie in any of the following settings are vulnerable to perjury charges:
As a class 4 felony in Colorado, 1st-degree perjury carries two to six (2 – 6) years in Colorado State Prison and/or a fine of $2,000 to half a million dollars.
The statute of limitations for Colorado prosecutors to file first-degree perjury charges is three (3) years after the perjury is discovered.
Perjury in the second degree occurs when a person knowingly makes a materially false statement with an intent to mislead a public servant in the performance of his/her duty, under an oath required or authorized by law.
The classic example is lying on an application for public assistance, which requires the applicants to sign a statement that says something along the lines of, “I swear all the information on this form is correct.” Certainly, a person who mistakenly or accidentally puts down false information should not be held criminally liable.
As a class 2 misdemeanor in Colorado, 2nd-degree perjury carries up to 120 days in a county jail and/or a fine of up to $750.
The statute of limitations for Colorado prosecutors to file second-degree perjury charges is eighteen (18) months after the perjury is discovered.
Prior to March 1, 2022, 2nd-degree perjury was a class 1 misdemeanor in Colorado, carrying six to eighteen (6 – 18) months in a county jail and/or a fine of $500 to $5,000. SB21-271.
False swearing occurs when a person intentionally makes a materially false statement under oath or as authorized by law in situations that do not qualify as first- or second-degree perjury.
As a petty offense, false swearing carries up to 10 days in jail and/or up to $300 in fines.
The statute of limitations for Colorado prosecutors to file false swearing charges is six (6) months after the perjury is discovered.
Prior to March 1, 2022, false swearing was a class 1 petty offense, carrying up to six (6) months in jail and/or up to $500 in fines. SB21-271.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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