TCA § 39-16-707 — Inconsistent statements

Except as provided in § 39-16-704 , a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more statements under oath, any two (2) of which cannot both be true, need not allege which statement is false if both statements were made within the period of the statute of limitations. At trial, the prosecution need not prove which statement is false. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 30. Sentencing Commission Comments. If a person makes two or more inconsistent statements under oath, the state need not prove which statement is false in order to support a charge of perjury or aggravated perjury. However, if a person makes a false statement under oath and then retracts the false statement pursuant to § 39-16-704 , although these statements are “inconsistent” under this section, the defense of retraction is still available and the person cannot be prosecuted for aggravated perjury. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. NOTES TO DECISIONS 1. Sufficiency of Evidence. 1. Sufficiency of Evidence. Because under T.C.A. § 39-16-707 the prosecutor was not required to prove which of the two statements made by defendant during his prior murder trial was false, the state was relieved of any election requirement, and no enhanced unanimity instruction was warranted; therefore, the appellate court erred by reversing defendant's perjury conviction. State v. Buford, 216 S.W.3d 323, 2007 Tenn. LEXIS 315 (Tenn. 2007).