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Perjury is generally graded as a felony, 1 with a potential sentencing enhancement for committing perjury that causes another to be sentenced to prison or the death penalty. 2 The Model Penal Code grades perjury as a felony of the third degree (Model Penal Code § 241.1(1)). Subornation of perjury is also graded as a felony. 3 However, because of the procedural difficulties in successfully convicting a defendant of perjury and subornation of perjury, these crimes are not often prosecuted. Nonetheless, the threat of a felony conviction still serves as a deterrent and helps to ensure that witnesses testify truthfully in judicial and official proceedings and give accurate statements in certified writings.
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