Marcus is a witness in a civil suit for damages against Lindsay. Macy’s department store is suing Lindsay for the alleged theft of a diamond necklace. Marcus takes an oath sworn by the court commissioner. He thereafter testifies that he saw Lindsay try on the necklace and then walk out of the store without paying for it. When the Macy’s attorney asks Marcus what he was doing at Macy’s, Marcus responds that he was buying some jewelry as a gift for his wife. In actuality, Marcus was shopping for jewelry as a gift for his girlfriend. Marcus has probably not committed perjury in this case. Marcus is testifying as a witness in a civil rather than criminal trial, but this satisfies the perjury requirement that the testimony be offered during a judicia lor official proceeding. Before testifying, Marcus took an oath that was administered by a court commissioner, also satisfying the perjury requirement that the defendant take an oath administered by someone with the legal authority or authorization to take evidence under oath. Marcus’s statement is false, and he made the statement with knowledge of its falsity, which satisfies the perjury criminal intent requirement. However, Marcus’s statement does not appear to be material to this judicial proceeding because the reason for Marcus’s presence at Macy’s will not affect the outcome of Lindsay’s civil theft trial (usually called the tort of conversion). Thus Marcus is probably not subject to prosecution for and conviction of perjury, based on his testimony in this case.
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