18 U.S.C. Sec. 1512(B)(2)© Witness Tampering—- Evading Legal Process is a federal law that prohibits a person from knowingly engaging in conduct intended to persuade or intimidate a witness in a criminal or civil proceeding from providing information, testifying, or producing documents or other evidence. This includes attempts to influence or prevent the attendance or testimony of a witness in a civil or criminal proceeding by offering, conferring, or agreeing to confer any benefit upon such witness or by threatening or attempting to do so. This law also prohibits a person from knowingly evading legal process, such as a subpoena, in order to prevent the production of documents or other evidence in a criminal or civil proceeding. Types of 18 U.S.C. Sec. 1512(B)(2)© Witness Tampering—- Evading Legal Process include: 1. Offering or conferring a benefit to a witness in order to influence their testimony or attendance. 2. Threatening a witness in order to influence their testimony or attendance. 3. Evading legal process, such as a subpoena, in order to prevent the production of documents or other evidence in a criminal or civil proceeding.
18 U.S.C. Sec. 1512(B)(2)(C) WITNESS TAMPERING - EVADING LEGAL PROCESS
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FAQ
In the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
Penalties for Witness Tampering The following are sample punishments for this crime: Federal witness intimidation is punishable by up to 20 years in federal prison and a fine of up to $250,000.
Witness tampering under PC 136.1 is a "wobbler" offense, meaning prosecutors may charge it as a misdemeanor or a felony. For misdemeanors, the penalty for conviction is up to $1000 in fines and up to 1 year in jail. If convicted of a felony, you could be facing fines up to $10,000 and up to 4 years in prison.
Section 1512 of Title 18 constitutes a broad prohibition against tampering with a witness, victim or informant. It proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings or the communication of information to Federal law enforcement officers.
§§ 1512(b)(2)(A) and (B). These sections make it a crime to ?knowingly use intimidation or physical force, threaten, or corruptly persuade another person . . . with intent to . . . cause? that person to ?withhold? documents from, or ?alter? documents for use in, an ?official proceeding.?
Witness tampering is a ?wobbler? crime that can be charged as either a misdemeanor or a felony, depending on the circumstances under which it occurred. Being convicted of felony dissuading a witness carries penalties of up to two, three, or four years in state prison.