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BILL NO. INTRODUCED BY COUNCILMEMBER WAGNER 8126 ORDINANCE NO. 5914 AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF UNIVERSITY CITY, RELATING TO OFFENSES - MISCELLANEOUS, AND ENACTING THEREIN A NEW SECTION TO BE KNOWN AS "SECTION 25-54. PERJURY;" AND PROVIDING A PENALTY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: Section 1. Chapter 25 of the Municipal Code of the City of University City, relating to Offenses - Miscellaneous is hereby amended enacting therein a new section to be known as "Section 25-54. Perjury;" reading as follows: 25-54 PERJURY. 1. A person commits the ordinance violation of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths. 2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect the course or outcome of the cause, matter or proceeding. 5. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that: (1) The defendant mistakenly believed t6e fact to be immaterial; or (2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement. 4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding. 5. The defendant shall have the burden of injecting the issue of r~traction under subsection 4 of this section.