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5-53-104. Perjury — Retraction.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-53-104. Perjury — Retraction.
(a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement:
(1) In a manner showing a complete and voluntary retraction of the statement;
(2) During the course of the same official proceeding in which the statement was made; and
(3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) A statement made in a separate hearing at a separate stage of the same case or administrative proceeding is deemed to have been made in the course of the same proceeding.
(c) Any person who in making a retraction causes termination of any official proceeding by reason of prejudice to a legal right of a party to the official proceeding is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-53-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-53-104
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7752a94508592f49c4b77606cfa5713dee36669c97ebb0c38c9cfff96f61c9fd
Source location: content.xml paragraph 19286
Stored source content
5-53-104. Perjury — Retraction.
(a) It is a defense to a prosecution for perjury that the defendant retracted his or her false material statement:
(1) In a manner showing a complete and voluntary retraction of the statement;
(2) During the course of the same official proceeding in which the statement was made; and
(3) Before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) A statement made in a separate hearing at a separate stage of the same case or administrative proceeding is deemed to have been made in the course of the same proceeding.
(c) Any person who in making a retraction causes termination of any official proceeding by reason of prejudice to a legal right of a party to the official proceeding is guilty of a Class A misdemeanor.
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