Perjury; defense · as in force on May 31, 2026
§ 210.25 Perjury; defense.
In any prosecution for perjury, it is an affirmative defense that the defendant retracted his false statement in the course of the proceeding in which it was made before such false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.
In a perjury prosecution, it is an affirmative defense that the defendant withdrew the false statement during the same proceeding, both before it substantially affected the proceeding and before it became clear that the falsity had been or would be exposed. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.