(a) A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made.
(b) The provisions of subsections (b) and (c) of 46.4605 apply to prosecutions tinder subsection (a).
(c) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement by affidavit or testimony but this defense does not apply if the retraction was made after:
(1) the falsity of the statement was exposed or
(2) any person took substantial action in reliance on the statement.
(d) The defendant has the burden of injecting the issue of retraction tinder subsection (c).
(e) Making a false affidavit is a class A misdemeanor if done for the purpose of misleading a public servant in the performance of his duty: otherwise making a false affidavit is a class C misdemeanor.History: 1979, PL 16-43 § 2.
Research Guide: MCC 575.050, 15 A5C 504, 15 ASC 821.