18.1. Perjury (Not In An Official Proceeding) (In An Official Proceeding)

18.1 PERJURY (NOT IN AN OFFICIAL PROCEEDING) (IN AN OFFICIAL PROCEEDING) 837.012, 837.02, Fla. Stat. To prove the crime of [Perjury Not in an Official Proceeding] [Perjury in an , the State must prove the following five elements beyond a reasonable doubt: 1. [Name of defendant] took an oath or otherwise affirmed that [he] [she] was obligated by conscience or by law to speak the truth in e proceedings, official or unofficial, in which the alleged oath was taken]. 2. The oath or affirmation was made to inistering oath], who was a [official capacity]. 3. [Name of defendant], while under an oath, made the statem[read from ent charge]. 4. The statement was false. 5. [Name of defendant] did not believe the statement was true when [he] [she] made it. Knowledge of the materiality of the statement is not an element of this crime, and the defendants mistaken belief that [his] [her] statement was not material is not a defense to the charge. NOTE TO JUDGE: Questions of the authority to administer oaths, whether the form of the oath or attestation is required or authorized by law, the official or unofficial nature of the proceedings and the materiality of a statement are matters of law. The law requires the judge to decide if the alleged statement is material, and I have decided that it is material. Therefore, you will not further concern yourself with this issue. NOTE TO JUDGE: An instruction on recantation should be given when raised as a defense. See F. S. 837.07; Carter v. State, 384 So. 2d 1255 (Fla. 1980 ).