RCW 9A.72.110Intimidating a witness. (1) A person is guilty of intimidating a witness if a person, by use of a threat against a current or prospective witness, attempts to: (a) Influence the testimony of that person; (b) Induce that person to elude legal process summoning him or her to testify; (c) Induce that person to absent himself or herself from such proceedings; or (d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child. (2) A person also is guilty of intimidating a witness if the person directs a threat to a former witness because of the witnesss role in an official proceeding. (3) As used in this section: (a) Threat means: (i) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or (ii) Threat as defined in *RCW 9A.04.110(27). (b) Current or prospective witness means: (i) A person endorsed as a witness in an official proceeding; (ii) A person whom the actor believes may be called as a witness in any official proceeding; or (iii) A person whom the actor has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child. (c) Former witness means: (i) A person who testified in an official proceeding; (ii) A person who was endorsed as a witness in an official proceeding; (iii) A person whom the actor knew or believed may have been called as a witness if a hearing or trial had been held; or (iv) A person whom the actor knew or believed may have provided information related to a criminal investigation or an investigation into the abuse or neglect of a minor child. (4) Intimidating a witness is a class B felony. (5) For purposes of this section, each instance of an attempt to intimidate a witness constitutes a separate offense. [2011 c 165 § 2; 1997 c 29 § 1; 1994 c 271 § 204; 1985 c 327 § 2; 1982 1st ex.s. c 47 § 18; 1975 1st ex.s. c 260 §9A.72.110.] Notes: *Revisers note: RCW 9A.04.110 was amended by 2011 c 166 § 2, changing subsection (27) to subsection (28). Intent -- 2011 c 165: In response to State v. Hall, 168 Wn.2d 726 (2010), the legislature intends to clarify that each instance of an attempt to intimidate or tamper with a witness constitutes a separate violation for purposes of determining the unit of prosecution under the statutes governing tampering with a witness and intimidating a witness. [2011 c 165 § 1.] Finding -- 1994 c 271: See note following RCW9A.72.090. Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020. Severability --
Posted on: Mon, 29 Sep 2014 06:59:36 +0000
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