NRS § 199.120 makes it a Nevada crime to commit perjury, which is lying under oath. The statute also prohibits the subornation of perjury, which is inducing another person to lie under oath.
Both perjury and subornation of perjury are category D felonies, punishable by 1 to 4 years in prison and fines of up to $5,000. The most common defense is that you genuinely believed you were telling the truth.
Below, our Las Vegas criminal defense attorneys will discuss the following perjury topics:
- 1. Elements
- 2. Subornation of Perjury
- 3. Penalties
- 4. Defenses
- 5. Is perjury deportable?
- 6. Record Seals
- 7. Related Crimes
- Additional Reading
Subornation of perjury is a violation of Nevada criminal law even if no lying occurs.
1. Elements
For you to be convicted of perjury under Nevada Revised Statute 199.120, prosecutors must prove beyond a reasonable doubt that you took an oath in a judicial proceeding (or other proceeding where an oath is required), and either:
- You willfully made an unqualified statement that you did not know to be true; or
- You swore or affirmed willfully and falsely in a matter material to the issue or point in question; or
- You suborned, bribed or induced any other person to make an unqualified statement or to swear or affirm in such a manner; or
- You executed an affidavit for a verification of a pleading that contained a false statement, or you induced any other person to do so; or
- You executed an affidavit or other instrument which contained a false statement before a person authorized to administer oaths, or you induced any other person to do so.
Under state law, making a statement that you do not know to be true is just as perjurious as intentionally lying.1
Examples
Examples of perjury include:
- Intentionally giving false testimony while on a witness stand during a district court trial.
- Deliberately offering inaccurate statements during a deposition.
- Purposely answering an interrogatory with fabricated information.
Federal Law
It is also a crime under federal law to give fraudulent information under oath. For more information, read our article on the federal crime of perjury.3
2. Subornation of Perjury
Subornation of perjury is compelling another person to lie under oath or affirmation. It also comprises trading money or something of value for false testimony. Suborning perjury carries the same penalties as perjury even though, with suborning, you are not doing the lying yourself.
To establish subornation of perjury, the prosecution must prove you knowingly and willfully sought to
- procure,
- persuade, or
- induce
another person to commit perjury. This requirement emphasizes your intentionality and active involvement in the commission of the crime.
Even if the other person refuses to lie under oath, you would face charges for attempting to subdue perjury. Attempting to suborn perjury carries slightly lesser penalties than in cases where the perjury actually takes place.2
Why is the subornation of perjury punished like perjury?
The reason for treating the subornation of perjury as harshly as perjury is to deter people from compelling others to lie under oath. Nevada law also seeks to maintain public confidence in the justice system by showing that witness tampering is taken just as seriously as witnesses lying.
Furthermore, making the subornation of perjury a crime helps protect witnesses from:
- Coercive tactics,
- Threats, or
- Bribes.
Plus if subornation was not a crime, witnesses may be tempted to accept money or favors in return for fabricating evidence on the stand.
3. Penalties
Perjury is typically a category D felony in Nevada. The sentence is:
- 1 to 4 years in Nevada State Prison and
- Up to $5,000 in fines (at the judge’s discretion).4
It is a gross misdemeanor to attempt – without bribery – to suborn others to perjure themselves. The penalty is:
- Up to 364 days in jail and/or
- Up to $2,000 in fines.5
Meanwhile, if your perjury – or subornation of perjury – results in an innocent person being convicted and executed, you face murder charges. This is a category A felony carrying:
- Life without the possibility of parole, or
- Life with the possibility of parole after 20 years, or
- 50 years in prison with the possibility of parole after 20 years.6
Note that judges may punish you for perjury by holding you in criminal contempt of court. Also, note there is no civil cause of action for perjuring: In other words, it is a crime but not a tort.
Federal Penalties
Violating federal perjuring law carries a fine and/or up to five years in prison.7 If you are convicted of perjuring in both Nevada state and federal courts, you would serve the sentences consecutively (one after the other).
Violating NRS 199.120 is prosecuted as a category D felony in Nevada.
4. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with fraud crimes such as perjury. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.
- You never took an oath, or an oath was not required.8
- The false information was not material to the matter at hand.9
- You believed you were being truthful.
Note that it is not a defense to a Nevada perjury charge that the oath was administered improperly or that the witness was incompetent.10 Nor is it a defense that your attorney advised you to lie; but a jury may take this into account when determining your intent to lie.11
In any case, the prosecution has the burden to prove guilt beyond a reasonable doubt. If the district attorney falls short, the case should be dismissed.
5. Is perjury deportable?
Possibly. An immigration court could consider lying under oath to be a crime involving moral turpitude and/or an aggravated felony.12
Therefore, non-citizens charged with an NRS 199.120 violation should retain experienced counsel in an attempt to get the charges dismissed or reduced to a non-deportable offense.
6. Record Seals
An NRS 199.120 conviction can be sealed five years after the case ends. However, if the charge gets dismissed, your record is sealable immediately. Learn how to seal Nevada criminal records.13
7. Related Crimes
- Destroying evidence (NRS 199.220)
- Failure to attend jury duty (NRS 6.040)
- False impersonation of a peace officer, police officers, public officer, or public justice (NRS 199.430)
- Malicious prosecution (NRS 199.310)
- Offering false evidence (NRS 199.210)
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.
Legal References
- NRS 199.120 (“A person, having taken a lawful oath or made affirmation in a judicial proceeding – who willfully makes an unqualified statement of that which the person does not know to be true – is guilty of perjury.”). Licata v. State (1983) 99 Nev. 331, 661 P.2d 1306. See also Bailey v. State (Nev. App. 2024) 552 P.3d 73; Parks v. State (Nev.App. 2023) 525 P.3d 363.
- 18 United States Code § 1621.
- Nevada Revised Statute 199.120. (Also see our article on judicial bribery, where judges make or receive bribes in violation of their official duties.); also see NRS 199.130 (making a false affidavit or complaint in order to effect an arrest or search), Nevada Revised Statute 199.140 (Use of fictitious name on affidavit or complaint to effect arrest or search), and Nevada Revised Statute 199.145 (Making a declaration under penalty of perjury (or inducing someone else to do so) when the declaration contains either: a willful and false statement in a matter material to the issue or point in question, or a willful and unqualified statement which the person does not know to be true).
- NRS 199.120; NRS 199.130; NRS 199.140; NRS 199.145.
- Nevada Revised Statute 199.150.
- Nevada Revised Statute 199.160 (Procuring execution of innocent person).
- 18 U.S.C. § 1621.
- White v. State (1986) 102 Nev. 153, 717 P.2d 45.
- Sheriff, Clark County v. Hecht (1985) 101 Nev. 779, 710 P.2d 728.
- Nevada Revised Statute 199.180. (Irregularity in administering oath or incompetency of witness no defense).
- Cosio v. State (1990) 106 Nev. 327, 793 P.2d 836.
- See, for example, Karpay v. Uhl (2d Cir. 1934) 70 F.2d 792; Matter of Miguel Angel Alvarado (BIA 2015) 26 I&N Dec. 895.
- Nevada Revised Statute 179.245; Nevada Revised Statute 179.255. Note that gross misdemeanor convictions under NRS 199.150 can be sealed 2 years after the case closes.