Perjury is a criminal offense under Massachusetts General Laws Chapter 268 Section 1. Because there are two different types of perjury, the prosecutor can prove either one of the following two sets of elements beyond a reasonable doubt to convict a defendant of this crime:

1. The defendant was legally required to tell the truth in a judicial proceeding (in court) or in a proceeding in the course of justice;
2. The defendant made a statement in a matter material to the point under investigation. A statement is material if, viewed objectively, it has the natural tendency to affect the determination. Materiality does not require that the statement actually influenced the determination;
3. That statement was false; and
4. The defendant made that false statement willfully and intentionally. Willfulness requires the specific intent to act with a bad purpose.

1. The defendant was legally required to take an oath or affirmation. Unlike the first type of perjury, which deals with court proceedings, this type does not require a judicial or adjudicatory proceeding. It only requires a legal justification for requiring an oath;
2. The defendant made a statement in a matter relative to which such oath or affirmation is required;
3. That statement was false; and
4. The defendant made that false statement willfully and intentionally.

Provided that these elements are satisfied, separate perjury is committed with each willful false statement, unless the statements are substantially the same.

Perjury is a serious crime against public justice. If you are charged with perjury on the trial of an indictment for a capital crime, you face life or any term of years in the state prison. If you are charged with perjury in any other case, you face up to twenty years in state prison, up to $1,000 in a fine, up to two and one half years in a jail, or both such fine and imprisonment in jail.