The state accuses the defendant of having committed the offense of perjury.

Relevant Statutes

A person commits the offense of perjury if the person, with intent to deceive and with knowledge of the statements’ meaning, makes two inconsistent statements under oath, one of which is necessarily false, and the statements were required or authorized by law to be made under oath.

The state is not required to prove which of the two statements is false.

[Include the following if raised by the evidence.]

It is no defense that the oath was administered or taken in an irregular manner.

[Include the following if raised by the evidence.]

It is no defense that there was some irregularity in the appointment or qualification of the person who administered the oath.

[Include the following if raised by the evidence.]

It is no defense that a document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document, and the document contains the signed jurat of a public servant authorized to administer oaths.

Definitions

Statement

“Statement” means any representation of fact.

Intent to Deceive

“Intent to deceive” means the conscious objective or desire to deceive.

Knowledge of a Statement’s Meaning

“Knowledge of a statement’s meaning” means awareness of the meaning of the statement.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, six elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date] made the statement [insert substance of the first statement], and on or about [date] made the statement [insert substance of the second statement];
2. both statements were made under oath;
3. both statements were required or authorized by law to be made under oath;
4. the two statements could not both be true;
5. the defendant made the statements with knowledge of their meaning; and
6. the defendant had the intent to deceive.

You must all agree on elements 1 through 6 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 6 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the six elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]