Intimidating a witness california penal code

For example, Jack tells John that he will burn down John’s house if John testifies in court against Jack. Jack is guilty of PC 136.1 even though his threat did not dissuade John from testifying.“Witness” A witness is a person who If the defendant reasonably believes the person he is trying to dissuade fits any of these criteria then that individual is considered a “witness.” “Victim” A person is considered a victim if there is reason to believe that a crime is being or has been committed against that person.California's law against dissuading a witness or victim, Penal Code 136.1 PC, makes it illegal to prevent or to attempt to prevent any witnesses or victims of a crime from reporting or testifying about the crime.Examples of dissuading a witness or victim include intimidating a witness through a direct or indirect threat and offering to pay a witness in exchange for their promise not to testify.“Victim” is a person against whom a crime is being or has been committed Penalties for violating California Penal Code 136.1 can be charged as a misdemeanor or a felony and are as follows.Penalties for misdemeanor Penal Code 136.1 conviction are the following: In case the defendant used or was armed with a gun while attempting to dissuade a witness or victim he will receive additional one to ten-year state prison sentence.“Maliciously” To act "maliciously" means to "unlawfully" intend to annoy, harm, or injure someone else in any way or intend to interfere in any way with the orderly administration of justice.In the example above, Jill is sharing information with Jack that she believes would be helpful to him.

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It doesn’t matter whether someone actually suffered or not, the crime is concerned with the defendant’s acts and not with the result of those acts.She is not sharing said information with the intent of dissuading Jack for the purpose of interfering with the criminal proceedings.The court in this scenario will assume that Jill acted with malice.The Legal Definition of "Dissuading a Witness” Under Penal Code 136.1, conviction for Dissuading a Witness requires a prosecutor to prove the following: dissuaded or intimidated a witness or victim.The defendant must be aware that their actions were intimidating or threatening and the person was a witness or victim.

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