1st Degree Perjury – Colorado Law & Penalties – CRS § 18-8-502

Colorado Revised Statute § 18-8-502 prohibits first-degree perjury, which is lying under oath in an official proceeding. As a class 4 felony, 1st-degree perjury carries a sentence of 2 to 6 years in prison and/or a fine of $2,000 to $500,000.

Examples of first-degree perjury are:

• Falsely stating during a robbery trial that you were the defendant’s alibi.
• Lying during a divorce deposition about your earnings.
• Telling the hearing officer during a DMV hearing that you did not drink when you in fact had three drinks before driving.

In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado first-degree perjury laws:

• 1. Elements of CRS 18-8-502
• 2. Defenses
• 3. Immigration Consequences
• 4. Record Seals
• 5. Second-Degree Perjury
• 6. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of CRS 18-8-502

For you to be convicted of first-degree perjury in Colorado, prosecutors must prove beyond a reasonable doubt the following three elements:

1. You knowingly made a false statement under oath;
2. The statement was material; and
3. You made the statement during an official proceeding, such as a trial or deposition.¹

For a lie to qualify as a materially false statement under Colorado perjury law, it must potentially affect the proceeding in a way that benefits you (the alleged perjurer).²

Example: Betsy is called as a witness in a murder trial. She is a friend of the defendant, so she lies and claims she was the defendant’s alibi on the night of the murder. Since this lie could cause the defendant to be acquitted, this is a material lie. She could therefore be charged with perjury.

Perjury charges should not stand if the lie was not material information.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with “crimes against public justice” such as perjury. In our experience, the following three defenses have proven very effective in getting CRS 18-8-502 charges reduced or dismissed with prosecutors, judges, and juries.

1. You did not knowingly lie and genuinely believed you told the truth. Innocent accidents are not crimes.
2. The information you gave was accurate. Truth is a complete defense to perjury charges.
3. The false statement was immaterial. Lying about minor details does not rise to the level of perjury.³

3. Immigration Consequences

Colorado courts may consider perjury a crime involving moral turpitude, which is deportable.⁴ This is why non-citizens facing a criminal case for lying under oath should hire an attorney to fight to get the charge dismissed.

Learn about the criminal defense of immigrants in Colorado.

Violating CRS 18-8-502 is a class 4 felony in Colorado.

4. Record Seals

A Colorado conviction for first-degree perjury can be sealed from your criminal record three years after the case closes. However, if your charge is dismissed, you can request that the court seal the record immediately.⁵

5. Second-Degree Perjury

The first difference between the Colorado crimes of first- and second-degree perjury is that second-degree perjury does not involve an official proceeding, such as a trial. The other difference is that with second-degree perjury, your intention must be to mislead a public servant.

An example of 2nd-degree perjury could be lying on an unemployment application “under penalty of perjury” about trying to find work. This lie could then lead a public servant at the unemployment office to grant you benefits you are ineligible for.

Whereas first-degree perjury is a felony, second-degree perjury is only a class 2 misdemeanor, carrying up to 120 days in jail and/or $750.⁶

Colorado perjury convictions can be sealed from your criminal record after three years.

6. Related Offenses

False Swearing

False swearing is lying under oath in situations that do not amount to perjury. Therefore, false swearing would not involve an official proceeding or any intention to mislead a public servant.

False swearing is a petty offense, carrying up to 10 days in jail and/or $300.⁹

False Affidavit

Making a false affidavit is knowingly making a false statement in relation to a DMV requirement. An example is lying on a driver’s license application.

Making a false affidavit is a class 2 misdemeanor traffic offense, carrying 10 to 90 days in jail and/or $150 to $300 in fines.¹⁰

False Reporting of a Crime

False reporting of a crime is knowingly providing police with incorrect information, such as filing a false police report. False reporting of a crime can be a misdemeanor or a felony, depending on the circumstances of the case.¹¹

1st-degree perjury is materially lying under oath in a court proceeding.

Frequently Asked Questions

What is the difference between first-degree and second-degree perjury in Colorado?

First-degree perjury happens when you lie under oath during official court proceedings like trials or depositions, and it is a class 4 felony with two to six years in prison. Second-degree perjury involves lying under oath to mislead public servants outside of court (like on government forms), and it is only a class 2 misdemeanor with up to 120 days in jail.

What penalties do I face if convicted of first-degree perjury in Colorado?

First-degree perjury is a class 4 felony in Colorado. If convicted, you face two to six years in prison and/or fines ranging from $2,000 to $500,000. The conviction may also have immigration consequences if you are not a U.S. citizen.

Can I get my perjury conviction removed from my criminal record?

Yes, you can seal a first-degree perjury conviction from your criminal record three years after your case closes. However, if your charges are dismissed (not convicted), you can request to seal the record immediately.

What defenses can help me fight first-degree perjury charges?

The three main defenses are: (1) you genuinely believed you were telling the truth and didn’t knowingly lie, (2) the information you gave was actually accurate, or (3) your false statement was about minor details that would not affect the outcome of the proceeding (immaterial).

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Perjury – American Criminal Law Review article on the crime of lying under oath.
• Lying, Misleading, and Falsely Denying: How Moral Concepts Inform the Law of Perjury, Fraud, and False Statements – Hastings Law Journal.
• Summary Power of Courts to Punish Perjury and False Swearing as Contempt – California Law Review.
• You Do Solemnly Swear or that Perjury Problem – American Institute of Criminal Law & Criminology.
• A Proposal for Enactment of a Law Creating a Misdemeanor to be Known as False Swearing – Oregon Law Review.

See our related article, What is Colorado’s statute of limitations for perjury?

Legal References