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

Relevant Statutes

A person commits the offense of aggravated perjury if he commits perjury and the false statement is made during or in connection with an official proceeding and is material.

A person commits perjury if, with intent to deceive and with knowledge of the statement’s meaning, he makes a false statement under oath and the statement is required or authorized by law to be made under oath.

The evidence that the defendant’s statement was false is not sufficient if it is solely the testimony of one witness other than the defendant. [Include if applicable: You may find the evidence sufficient if that evidence consists of the testimony of two witnesses or one witness with corroborating circumstances.]

[Include the following if raised by the evidence.]

It is not a defense to prosecution that the defendant mistakenly believed the statement to be immaterial.

[Include the following if raised by the evidence.]

It is not a defense that the oath was administered or taken in an irregular manner.

[Include the following if raised by the evidence.]

It is not a 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 not a 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.

Material

A statement is “material” if it could have affected the course or outcome of the official proceeding.

Official Proceeding

“Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.

Public Servant

“Public servant” means a person elected, selected, appointed, employed, or otherwise designated, even if he has not yet qualified for office or assumed his duties, as—

1. an officer, employee, or agent of government;
2. a juror or grand juror;
3. an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
4. an attorney at law or notary public when participating in the performance of a governmental function;
5. a candidate for nomination or election to public office; or
6. a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], made a statement, [insert substance of statement as alleged];
2. the statement was false [if alleged, insert in what respect the statement was false];
3. the defendant made the statement with the intent to deceive;
4. the defendant made the statement with knowledge of the statement’s meaning;
5. the statement was made under oath;
6. the statement was required or authorized by law to be made under oath;
7. the statement was made during or in connection with an official proceeding [if alleged, insert details of official proceeding]; and
8. the statement was material.

You must all agree on elements 1 through 8 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 8 listed above, you must find the defendant “not guilty.”

[Select one of the following.]

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

[or]

If you all agree the state has proved, beyond a reasonable doubt, each of the eight elements listed above, you must next consider whether the defendant is not guilty because of the defense of retraction.

[Include the following if raised by the evidence.]

Retraction

It is a defense to the offense of aggravated perjury that—

1. the defendant retracted his false statement;
2. the retraction occurred before completion of the testimony at the official proceeding; and
3. the retraction also occurred before it became manifest that the falsity of the statement would be exposed.

Burden of Proof

The defendant is not required to prove that the defense of retraction applies to this case. Rather, the state must prove, beyond a reasonable doubt, that the defense of retraction does not apply.

Application of Law to Facts

To decide the issue of retraction, you must determine whether the state has proved, beyond a reasonable doubt, that either—

1. the defendant did not retract his false statement;
2. the retraction was made only after completion of the testimony at the official proceeding; or
3. the retraction was made only after it became manifest that the falsity of the statement would be exposed.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, or 3 listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, either element 1, 2, or 3 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense, and if you believe, beyond a reasonable doubt, that the defense of retraction does not apply, 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.]