Aggravated perjury in Texas is a third-degree felony: lying under oath, during or in connection with an official proceeding, about something that could have affected the proceeding’s outcome. A conviction carries two to ten years in prison and a fine up to $10,000.1State of Texas. Texas Penal Code 37.03 – Aggravated Perjury2State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment That felony classification, and the collateral consequences that come with it, is what separates aggravated perjury from ordinary perjury, which is only a Class A misdemeanor.
What Makes Perjury “Aggravated”
Section 37.03 of the Texas Penal Code builds aggravated perjury on top of the basic offense. All the standard perjury elements still apply: a false statement made under oath, with knowledge that it is false, and with intent to deceive. Two additional elements then push the charge up to a felony.3State of Texas. Texas Penal Code 37.02 – Perjury1State of Texas. Texas Penal Code 37.03 – Aggravated Perjury
The first is where the lie happens. The statement must be made during or in connection with an “official proceeding.” Texas defines that term broadly: any administrative, executive, legislative, or judicial proceeding conducted before a public servant. Courtroom trials, grand juries, legislative hearings, and agency hearings all qualify.4State of Texas. Texas Penal Code 37.01 – Definitions
The second is that the lie must be material. Lying under oath on a form that has nothing to do with a pending proceeding may still be basic perjury. Lying on the stand about something central to the case is aggravated perjury, and the penalty jumps from a year in county jail to as much as a decade in state prison.
What “Material” Means
Section 37.04 defines a material statement as one that could have affected the course or outcome of the proceeding. The standard is “could have,” not “did.” Prosecutors do not have to prove the lie actually changed anything; they only have to show it had the potential to.5State of Texas. Texas Penal Code 37.04 – Materiality
Two rules about materiality routinely catch people off guard. The judge decides materiality as a question of law, so the jury never weighs in on that element. And believing your lie was unimportant is not a defense. Even a genuine, honest belief that the false statement didn’t matter will not get the charge dismissed.5State of Texas. Texas Penal Code 37.04 – Materiality
A concrete illustration: a witness who falsely testifies that the defendant was with them at the time of a killing is making a material statement, because the alibi goes to guilt or innocence. A witness who misstates their home address in a deposition about a financial dispute, where the address has nothing to do with the money at issue, is almost certainly not.
Penalties
Because aggravated perjury is a third-degree felony, the punishment range set by Section 12.34 applies:2State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- Two to ten years in the Texas Department of Criminal Justice.
- A fine of up to $10,000, which the court can impose in addition to the prison term.
A judge may place a convicted person on community supervision instead of sending them to prison. For third-degree felonies, that supervision term can run as long as ten years, with standard conditions such as regular reporting, community service, and drug testing. Violating a condition can trigger revocation and a prison sentence within the original range.
Statute of Limitations
Texas generally gives prosecutors three years from the date of the offense to file charges for most felonies, including aggravated perjury. After that window closes, the state generally loses the ability to prosecute.6State of Texas. Texas Code of Criminal Procedure Chapter 12 – Limitation
Collateral Consequences of the Felony
The prison term and fine are only part of what a conviction brings. A felony on your record changes several ordinary rights and freedoms for years after the sentence is served.
Voting
A Texas felony conviction suspends your right to vote. You become eligible to register again once your sentence is fully discharged, including any prison time, parole, and community supervision. Eligibility returns immediately on full discharge.7Texas Secretary of State. Effect of Felony Conviction on Voter Registration
Firearms
Texas law bars anyone convicted of a felony from possessing a firearm for at least five years after release from prison or supervision, whichever comes later. Even after that five-year period, possession is lawful only at the premises where you live; carrying a firearm anywhere else remains a separate felony.8State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm Federal law adds a separate, nationwide prohibition on firearm ownership for anyone convicted of a felony, with no automatic expiration.
Professional Licenses
Perjury is widely treated as a crime of moral turpitude because it goes directly to honesty. That classification is especially damaging for licensed professionals. Boards governing attorneys, physicians, nurses, and accountants routinely investigate felony convictions, and a perjury conviction can lead to suspension or revocation. For someone whose livelihood depends on a license, aggravated perjury can end a career independently of anything the criminal court does.
The Retraction Defense
Texas law gives a narrow way out. Section 37.05 allows retraction as a defense to aggravated perjury, but only when both conditions are met:9State of Texas. Texas Penal Code 37.05 – Retraction
- You retract the false statement before the testimony at the official proceeding is complete.
- You retract before it becomes obvious that the lie is about to be exposed.
Both conditions have to be satisfied. You cannot wait until cross-examination starts breaking your story apart and then “correct” yourself. The defense is designed to reward people who come forward voluntarily, not people who are caught. Once contradicting evidence is surfacing, the window has closed.
One more limit: retraction applies to the aggravated charge under Section 37.03. It does not wipe out exposure to a basic perjury charge under Section 37.02.9State of Texas. Texas Penal Code 37.05 – Retraction
Inconsistent Sworn Statements
Section 37.06 gives prosecutors an additional tool. When a person makes two sworn statements that cannot both be true, the state can charge perjury or aggravated perjury based on the inconsistency itself, without having to prove which statement was the lie. If grand jury testimony and later trial testimony flatly contradict each other, both can be put in front of a jury and the contradiction speaks for itself.10Texas Public Law. Texas Penal Code 37.06 – Inconsistent Statements
Without that rule, a person could make two directly conflicting sworn statements and escape prosecution whenever the state couldn’t independently prove which one was false. Section 37.06 closes that gap.