4.410 — OFFERING FALSE EVIDENCE

Violations of "Statute 4.410" results in a Class C Misdemeanor

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(a) Definitions

Offering false evidence refers to the act of knowingly presenting or attempting to present false, fabricated, or altered evidence in a legal proceeding, investigation, or trial. This includes:

• Submitting documents, testimony, or other forms of evidence that the individual knows to be false or misleading.

• Knowingly using forged or altered items as evidence in an attempt to influence the outcome of a criminal or civil case.

• Persuading or encouraging others to provide false testimony or false documents as evidence in a legal matter.

(b) Elements

To establish the offense of offering false evidence, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly presented, offered, or attempted to offer evidence in a legal proceeding or investigation.

2. The evidence presented by the defendant was false, altered, or fabricated.

3. The defendant knew or should have known that the evidence was false at the time it was offered.

4. The defendant's intent was to deceive, mislead, or influence the outcome of the legal proceeding.

(c) Defenses

A person may defend themselves against offering false evidence charges if:

• The defendant was unaware that the evidence was false or altered, and the evidence was presented in good faith.

• The evidence in question was misinterpreted or misrepresented by others, and the defendant was not involved in fabricating it.

• The defendant was legally compelled to present the evidence (e.g., under a subpoena or court order) and was not acting with fraudulent intent.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant's actions significantly impacted the outcome of a criminal case, particularly in a serious offense, such as homicide or fraud.

• The defendant has a history of committing similar offenses, such as perjury, obstruction of justice, or falsifying records.

• The defendant attempted to use false evidence in a highly sensitive case, such as a terrorism-related or corruption case, or to exonerate themselves in a major crime.