WITNESS TAMPERING

A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding. A person also commits the offense of witness tampering if he or she coerces a witness or a prospective witness in a judicial or an administrative proceeding with the intent to influence to the witness to testify falsely, to withhold his or her testimony, to absent himself or herself from the proceeding, or to discontinue or to delay the proceeding.

A witness is any person who may testify in a judicial or an administrative proceeding. A prospective witness is any person who was involved with a defendant in the commission of an offense, who saw the defendant committing the offense, or who overheard the defendant discussing the offense. The prospective witness does not need to testify in order to be considered a prospective witness.

A witness in a judicial or an administrative proceeding may be guilty of the offense if he or she knowingly accepts or agrees to accept any benefit with the understanding that he or she will testify falsely, will withhold his or her testimony, will absent himself or herself from the proceeding, or will discontinue or delay the proceeding.

A witness who is charged with the offense of witness tampering may claim as a defense that he or she did not testify because of a plea bargain that was entered into with a district attorney or a prosecutor or because he or she received restitution from a defendant.

An indictment charging a defendant with the offense of witness tampering must allege that the defendant influenced or attempted to influence the witness in a judicial or an administrative proceeding to testify falsely, to withhold his or her testimony, to absent himself or herself from the proceeding, or to discontinue or to delay the proceeding. An indictment that does not allege a specific intent to influence the witness may be dismissed. The indictment must also allege the type of coercion or influence that was exerted over the witness.

The offense of witness tampering is normally classified as a felony.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.