Article 131a — Subornation of perjury | Manual for Courts-Martial

Part IV · Punitive Articles

Article 131a. Subornation of perjury · MCM ¶ 82

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) IN GENERAL.—Any person subject to this chapter who induces and procures another person—

(1) to take an oath; and

(2) to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct.

(b) CONDITIONS.—The conditions referred to in subsection (a) are the following:

(1) The oath is administered with respect to a matter for which such oath is required or authorized by law.

(2) The oath is administered by a person having authority to do so.

(3) Upon the oath, the other person willfully makes or subscribes a statement.

(4) The statement is material.

(5) The statement is false.

(6) When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.

(b) Elements.

(1) That the accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state upon such oath or its equivalent concerning a certain matter;

(2) That the oath or its equivalent was administered to said person in a matter in which an oath or its equivalent was required or authorized by law;

(3) That the oath or its equivalent was administered by a person having authority to do so;

(4) That upon the oath or its equivalent said person willfully made or subscribed a certain statement;

(5) That the statement was material;

(6) That the statement was false; and

(7) That the accused and the said person did not then believe that the statement was true.

(1) See subparagraph 81.c for applicable principles.

(2) “Induce and procure” means to influence, persuade, or cause.

(3) The word “oath” includes affirmation, and sworn includes affirmed. See 1 U.S.C. § 1.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, procure __________ to commit perjury by inducing (him) (her), the said _____, to take a lawful (oath) (affirmation) in a (trial by court-martial of _____) (trial by a court of competent jurisdiction, to wit: _____ of _____) (deposition for use in a trial by _____ of __________) (_____) that (he) (she), the said _____, would (testify) (depose) (_____) truly, and to (testify) (depose) (_____) willfully, corruptly, and contrary to such (oath) (affirmation) in substance that _____, which (testimony) (deposition) (_____) was upon a material matter and which the accused and the said _____ did not then believe to be true.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-82-1PERJURY-SUBORNATION OF

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, procure __________ to commit perjury by inducing (him) (her), the said __________, to take a lawful (oath) (affirmation) in a (trial by court-martial of __________) (trial by a court of competent jurisdiction, to wit: __________ of __________) (deposition for use in a trial by __________ of __________) (__________) that (he) (she), the said __________, would (testify) (depose) (__________) truly, and to (testify) (depose) (__________) willfully, corruptly, and contrary to such (oath) (affirmation) in substance that __________, which (testimony) (deposition) (__________) was upon a material matter and which the accused and the said __________ did not then believe to be true.

Elements

(1) That (state the time and place alleged), the accused induced and procured (state the name of the alleged perjurer) to take an oath or its equivalent and to falsely (testify) (depose) (state) upon such (oath) (affirmation) concerning a certain matter: (state the alleged matter in which the perjured testimony or statement was given);

(2) That the (oath) (affirmation) was administered to (state the name of the alleged perjurer) in a (matter) (__________) in which an oath or its equivalent was required or authorized by law;

(3) That the oath or its equivalent was administered by a person having authority to do so;

(4) That upon such oath or its equivalent (state the name of the alleged perjurer) willfully (made) (subscribed) a statement, to wit: (set forth the statement as alleged);

(5) That the statement was material;

(6) That the statement was false; and

(7) That the accused and (state the name of the alleged perjurer) did not then believe the statement to be true.

Definitions & other instructions

“Induce and procure” means to influence, persuade, or cause.

(An “oath” is a pledge that binds the person to speak the truth.)

(An “affirmation” is a solemn and formal pledge binding upon one’s conscience, that the truth will be stated.)

(“Subscribe” means to write one’s name on a document for the purpose of adopting its words as one’s own expressions.)

“Material” means important to the issue or matter of inquiry, but that matter need not be the main issue in the case.

NOTE 2. Corroboration instruction. When an instruction on corroboration is requested or otherwise appropriate, the military judge should carefully tailor the following to include only instructions applicable to the case. Subparagraphs (1), (2), or a combination of (1) and (2) may be given, as appropriate:

As to the sixth element of this offense, there are special rules for proving the falsity of a statement in perjury trials. The falsity of a statement can be proven by testimony and documentary evidence by:

(1) The testimony of a witness which directly contradicts the statement of (state the name of the alleged perjurer) as described in the specification, as long as the witness’ testimony is corroborated or supported by the testimony of at least one other witness or by some other evidence which tends to prove the falsity of the statement. You may find the accused guilty of subornation of perjury only if you find beyond a reasonable doubt that the testimony of (state the name of witness), who has testified as to the falsity of the statement described in the specification, is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness in establishing the falsity of the oath.

(2) Documentary evidence directly disproving the truth of the statement described in the specification as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the statement. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document in establishing the falsity of the oath.

NOTE 3. Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of these exceptions arises:

An exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document is an official record which has been proven to have been well known to (state the name of the alleged perjurer) at the time (he) (she) (took the oath) (made the affirmation).

(Additionally) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document was written or furnished by (state the name of the alleged perjurer) or had in any way been recognized by (him) (her) as containing the truth at some time before the supposedly perjured statement was made.

If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the statement.

You may find the accused guilty of perjury only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the statement of (state the name of the alleged perjurer) beyond a reasonable doubt.

NOTE 4. Proving that the accused and the alleged perjurer did not believe the statement to be true. Once the appropriate corroboration instruction is given, the military judge should give the following instruction:

The fact that the accused and (state the name of the alleged perjurer) did not believe the statement to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, if the testimony or evidence convinces you beyond a reasonable doubt as to this element of the offense.

NOTE 5. Requirement for witness to testify. An accused who solicits a potential witness to testify falsely on his behalf, but does not call the witness and the witness does not otherwise testify falsely, is not guilty of subornation of perjury, but may be guilty of a lesser included offense of attempt. See US v. Standifer, 40 MJ 440 (CMA 1994).

Source: Instruction 3a-82-1 · view original on jagcnet.army.mil