A witness lied during his grand jury testimony. Since the grand jury does not appear to qualify as an "official proceeding" as it is defined under PC Sec. 1.07(33), it appears that I can only file perjury and not aggravated perjury. Am I reading this right? Please tell me that I am wrong.

How about Brasher v. S., 715 sw2d 827 (14/1986, no pet)?

Have a look at Martinez v. S., 91 sw3d 331 (CCA 2002). The warning given to a defendant at grand jury proceedings advises that agg perjury is possible. CCP 20.17(2). While other witnesses do not have to be routinely warned, is the offense really different for defendants vis-a-vis witnesses just because of the warning? Also, an analogy that may help. See Jones v. S., 843 sw2d 487 (CCA 1992).

[This message was edited by John A. Stride on 02-16-12 at .]

A quick check through Lexis shows a fair number of aggravated perjury cases arising from lies told to a grand jury.

Reading another definition helped me answer my own question. A grand juror qualifies as a public servant under PC 1.07(41) and thus the grand jury session qualifies as an official proceeding.

[This message was edited by Ken Sparks on 02-16-12 at .]

Good to know. Thanks for the update.