WPIC 118.20 Perjury and False Swearing—Retraction
11A WAPRAC WPIC 118.20Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 118.20 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 118. Perjury or False Swearing
WPIC 118.20 Perjury and False Swearing—Retraction
No person shall be convicted of perjury or false swearing if he or she retracted his or her false statement in the course of the same proceeding in which it was made, if he or she did so before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding. [Statements made in separate hearings at separate stages of the same trial, administrative, or other official proceeding are treated as if made in the course of the same proceeding.]
NOTE ON USE
Use bracketed material as applicable.
COMMENT
RCW 9A.72.060.
Under this statute, a statement made during trial testimony in one case cannot be retracted a year and a half later in a deposition for a different case. In re Pearsall-Stipek, 141 Wn.2d 756, 10 P.3d 1034 (2000). A statement made during trial testimony, which was known to be false at the time it was made, cannot be retracted four months after the trial court issues its oral opinion in that case. In re Dornay, 160 Wn.2d 671, 683, 161 P.3d 333 (2007).
[Current as of December 2019.]
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