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Illinois Criminal Code of 1961

Article 32: Perjury Law in Illinois

In this section of Article 32 of the Illinois Criminal Code, lawmakers address the crime of perjury, more familiarly understood as lying in court. A person commits perjury when he or she makes a false statement while under oath in a court proceeding or other official proceeding. There is only one exception to this clause, and that is when a police officer uses a fictitious name in the enforcement of criminal laws. Otherwise, if a defendant finds himself facing a Guilty Verdict, a conviction carries a Class 3 felony status.

It is also a crime to convince another person to commit perjury. This is referred to as subornation of perjury. For example, if a person convinced his friend to testify that the two were at a movie on the evening a crime occurred in order to create an alibi, he could find himself convicted of this crime. A violation is a Class 4 felony.

Another offense discussed in this section is compounding a crime. This crime occurs when a person agrees not to report the occurrence of a crime or not prosecute an offender in exchange for money or something else of value. Compounding a crime is a petty offense.

Need an Illinois criminal defense attorney? If you've been arrested for perjury in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 32 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 32

Sec. 32-1. Compounding a crime.
    (720 ILCS 5/32-1)

(a) A person compounds a crime when he receives or offers to another any consideration for a promise not to prosecute or aid in the prosecution of an offender.

(b) Sentence. Compounding a crime is a petty offense. (Source: P. A. 77-2638.)

Sec. 32-2. Perjury.
    (720 ILCS 5/32-2)

(a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.

(b) Proof of Falsity.

An indictment or information for perjury alleging that the offender, under oath, has made contradictory statements, material to the issue or point in question, in the same or in different proceedings, where such oath or affirmation is required, need not specify which statement is false. At the trial, the prosecution need not establish which statement is false.

(c) Admission of Falsity.

Where the contradictory statements are made in the same continuous trial, an admission by the offender in that same continuous trial of the falsity of a contradictory statement shall bar prosecution therefor under any provisions of this Code.

(d) A person shall be exempt from prosecution under subsection (a) of this Section if he is a peace officer who uses a false or fictitious name in the enforcement of the criminal laws, and such use is approved in writing as provided in Section 10-1 of "The Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, or Section 2605-200 of the Department of State Police Law (20 ILCS 2605/2605-200). However, this exemption shall not apply to testimony in judicial proceedings where the identity of the peace officer is material to the issue, and he is ordered by the court to disclose his identity.

(e) Sentence.

Perjury is a Class 3 felony. (Source: P.A. 91-239, eff. 1-1-00.)

Sec. 32-3. Subornation of perjury.
    (720 ILCS 5/32-3)

(a) A person commits subornation of perjury when he procures or induces another to make a statement in violation of Section 32-2 which the person knows to be false.

(b) Sentence.

Subornation of perjury is a Class 4 felony. (Source: P. A. 77-2638.)

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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