 Like most other crimes in the common law system, to be convicted of perjury one must have had the "intention" ("mens rea") to commit the act and to have "actually committed" the act ("actus reus").Further, statements that "are facts" cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding.In the United States, Kenya, Scotland and several other English-speaking Commonwealth nations, subornation of perjury, which is attempting to induce another person to commit perjury, is itself a crime.