What Is Subornation of Perjury? Definition, Examples, and Penalties
Meta description: Learn what subornation of perjury means under U.S. law, what prosecutors must prove, how it differs from witness tampering, and what penalties may apply.
Subornation of perjury is the act of persuading, inducing, or procuring another person to commit perjury. It is a serious crime because it can corrupt testimony and undermine the reliability of court proceedings. Under federal law, the offense generally depends on another person actually giving a materially false statement under oath—not merely on an attempt to influence a witness. State laws and case facts can change how the offense is defined and charged, so the details matter.
What Subornation of Perjury Means
In plain language, subornation of perjury occurs when someone intentionally gets another person to lie under oath in a legally significant proceeding. The person who encourages the lie is the alleged suborner; the person who gives the false sworn testimony is the perjurer. The conduct can involve asking, pressuring, persuading, or arranging for someone to provide testimony the suborner knows is false.
Federal law addresses the crime in 18 U.S.C. § 1622, which states that a person who “procures another to commit any perjury” is guilty of subornation of perjury and is punishable as a perjurer. The statute is short, but its application relies on the legal definition of perjury and the facts of the alleged inducement.
Subornation is not simply asking someone to remember events in a particular way, helping a witness prepare for testimony, or discussing a case. Lawyers and other representatives may properly prepare witnesses by reviewing truthful testimony, explaining courtroom procedures, and identifying areas that require clarification. The legal boundary is crossed when a person intentionally seeks to have someone give knowingly false testimony under oath.
How Federal Perjury Law Applies
To understand subornation, it helps to understand what counts as perjury. Under 18 U.S.C. § 1621, federal perjury generally involves knowingly making a materially false statement under oath in a matter where the oath is authorized by law. Federal law also includes specific perjury rules for certain settings, including declarations made under penalty of perjury and testimony before Congress.
Not every inaccurate statement is perjury. A mistaken recollection, a misunderstanding of a question, or an inconsistency does not automatically establish a deliberate lie. Prosecutors generally must prove the legal requirements of the relevant offense, including the speaker’s knowledge and intent. The precise elements can depend on the statute governing the underlying testimony.
Materiality is also important under the general federal perjury statute. A statement is typically material if it has a natural tendency to influence, or is capable of influencing, the decision-making body or proceeding. The statement need not actually change the outcome. A falsehood about a trivial detail may not meet the materiality requirement, while a lie about a central fact may.
What Prosecutors Must Prove
Federal courts describe the elements of subornation by reference to the underlying perjury and the defendant’s role in procuring it. In general, the government must establish that another person committed perjury and that the defendant intentionally procured or induced that perjury. The prosecution must also prove the required mental state and other elements that apply to the underlying offense.
- An underlying act of perjury: The witness must make a statement that satisfies the legal requirements for perjury. Under the federal subornation statute, a request to lie that is rejected does not, by itself, complete the offense of subornation, although it may raise other legal issues.
- Knowing falsity: The statement must be knowingly false, rather than merely inaccurate or based on confusion.
- Intentional procurement: The accused must have intentionally caused, persuaded, or induced the other person to give the false testimony. Accidental involvement or mere presence is not enough.
- Applicable proceeding and oath: The testimony must fall within the relevant perjury statute, such as testimony in a federal court or another covered proceeding.
- Materiality, when required: For a charge based on a statute requiring materiality, the false statement must be capable of influencing the proceeding.
These are general principles, not a substitute for the exact jury instructions or statutory language used in a particular case. Federal and state offenses may differ, and a prosecutor must prove each element beyond a reasonable doubt in a criminal trial.
Examples of Possible Subornation
Consider a witness who is scheduled to testify about a business transaction. If a person knowingly offers money or threatens retaliation to make the witness falsely deny an important event, and the witness gives that false sworn testimony, the conduct could support a subornation charge. Whether the elements are met would depend on the evidence and the jurisdiction.
By contrast, a person who asks a witness to review documents, correct an honest mistake, or tell the truth clearly is not thereby suborning perjury. Nor does every attempt to influence testimony qualify as completed subornation under federal law if no perjury occurs. However, an unsuccessful effort can potentially be investigated under other laws, including witness-tampering or obstruction statutes.
Evidence of alleged procurement may include communications, recordings, payment records, witness accounts, or actions taken to conceal the arrangement. None of these facts proves guilt automatically. Investigators and courts must consider context, credibility, intent, and whether the testimony actually met the legal definition of perjury.
Federal Penalties for Subornation of Perjury
Under 18 U.S.C. § 1622, a person convicted of federal subornation of perjury is punished as a perjurer. The general federal perjury statute, 18 U.S.C. § 1621, provides for a fine under Title 18, imprisonment for up to five years, or both. The applicable sentencing result depends on the charged statute, the facts, the defendant’s history, and federal sentencing rules.
The five-year maximum is not a prediction that every conviction will result in five years in prison. A judge considers the statutory limits and the federal sentencing framework, including the U.S. Sentencing Guidelines, applicable adjustments, and other legally relevant factors. Sentences can also include supervised release and other conditions where authorized.
Federal law permits fines under 18 U.S.C. § 3571. For an individual convicted of a felony, the general statutory maximum fine can be up to $250,000, subject to exceptions and the specific circumstances of the offense. The court may also order restitution when the law permits and the required loss is established. A fine is separate from imprisonment, and the court determines the sentence within the applicable legal limits.
A related charge can carry its own penalties. For example, an alleged effort to threaten or corruptly persuade a witness may be charged under federal witness-tampering law, depending on the conduct and statutory requirements. Charges may be brought together when each offense is supported, but prosecutors must establish the elements of each charge separately.
State Subornation Laws and Penalties
States also criminalize conduct involving the inducement of false testimony, but statutory language and penalties vary. Some states use the term “subornation of perjury”; others prosecute comparable conduct through perjury, witness tampering, obstruction of justice, or related statutes. The classification may depend on the type of proceeding, the importance of the testimony, the method of influence, and whether the false testimony was actually given.
State penalties may include incarceration, fines, probation, or a combination of sanctions. A state offense may be a misdemeanor or felony depending on local law and the circumstances. It is therefore inaccurate to assume that the federal five-year maximum applies to every state case. Anyone evaluating a specific situation should check the current statute in the relevant state and consult a qualified attorney.
How Subornation Differs From Related Crimes
| Offense | General meaning | Key distinction |
|---|---|---|
| Perjury | Knowingly making a legally covered false statement under oath. | The witness or declarant is the person who makes the false statement. |
| Subornation of perjury | Intentionally procuring another person to commit perjury. | The alleged suborner induces the false sworn testimony. |
| Witness tampering | Using prohibited conduct, such as intimidation or corrupt persuasion, to affect a witness or testimony. | Depending on the statute, the offense may be complete without the witness ultimately committing perjury. |
| False statements | Making a materially false statement in a setting covered by a specific law, sometimes outside sworn testimony. | Federal law, including 18 U.S.C. § 1001, can cover certain false statements to federal officials without an oath. |
| Obstruction of justice | Interfering with an investigation, proceeding, or administration of justice through prohibited acts. | It is a broader category, with elements that depend on the particular obstruction statute. |
The distinctions are practical as well as legal. A witness may be pressured but refuse to lie; that conduct could still implicate a witness-tampering law, even if completed subornation is not established. A person may also make a false statement to a federal investigator without being under oath, potentially raising a different statute rather than perjury.
Common Questions About Subornation of Perjury
Does the witness have to lie for subornation to occur?
Under the federal text of § 1622, the offense is procuring another person to commit perjury, so the underlying perjury is central to a completed subornation charge. If the witness refuses, the conduct may not amount to completed subornation under that statute, but it may support another charge depending on what was done and the law that applies.
Does the false testimony have to change the case outcome?
No. For federal perjury provisions that require materiality, the statement generally must be capable of influencing the proceeding, but it does not have to actually change a verdict or decision. The precise standard depends on the statute and the proceeding.
Can someone be charged based only on inconsistent testimony?
Inconsistencies can prompt investigation, but they do not automatically prove perjury or subornation. The government must prove that a statement was knowingly false and satisfy the other elements. Confusion, faulty memory, imprecise wording, or differing interpretations may be relevant to whether the required intent existed.
Can an attorney be accused of suborning perjury?
An attorney is not exempt from criminal law. However, ordinary witness preparation is not itself criminal; the key issue is whether the person intentionally procured knowingly false sworn testimony. Professional-conduct rules may impose separate duties, and the facts must be assessed under both criminal law and applicable ethics rules.
What to Do If Subornation Is Suspected
People who believe a witness is being pressured to lie should avoid confronting or threatening the witness, destroying records, or trying to influence testimony themselves. They can preserve relevant messages and documents and report the concern to the appropriate law-enforcement agency, prosecutor, court, or attorney, depending on the circumstances.
Anyone contacted by investigators or facing an accusation should not assume that an informal explanation will resolve the matter. Because statements can create additional legal risks, it is prudent to speak with a criminal-defense attorney before responding to substantive questions. A lawyer can assess the governing statute, the evidence, possible defenses, and whether related state or federal offenses may be involved.
Why the Exact Facts Matter
Subornation of perjury is a narrowly defined but serious offense: it generally involves deliberately procuring another person’s knowingly false sworn testimony. Federal law punishes it as perjury, with a potential maximum of five years under the general federal perjury statute, while state definitions and penalties vary. The difference between lawful witness preparation, an unsuccessful attempt to influence testimony, and completed criminal conduct turns on intent, the nature of the statement, the proceeding, and the applicable law.
Sources: 18 U.S.C. § 1622; 18 U.S.C. § 1621; 18 U.S.C. § 1512; 18 U.S.C. § 1001; U.S. Sentencing Commission Guidelines. This article provides general information, not legal advice.