Ark. Code Ann. § 5-53-104

Perjury - Retraction

Year: 2026Length: 334 wordsSubsections: 3
(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. Acts 1975, No. 280, § 2606; A.S.A. 1947, § 41-2606. (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. (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. Acts 1975, No. 280, § 2606; A.S.A. 1947, § 41-2606.