WITNESS TAMPERING / 18 U.S.C. Sec. 1512(b)(1)

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Description 18 U S C 1512

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf

Witness tampering / 18 U.S.C. Sec. 1512(b)(1) is the act of attempting to alter, destroy, influence, or prevent the truthful testimony of any witness in a federal criminal proceeding. There are three main types of witness tampering prohibited under 18 U.S.C. Sec. 1512(b)(1): 1. Tampering with a witness, victim, or informant: This means attempting to corruptly persuade or induce a witness, victim, or informant to either testify falsely or to withhold their testimony. 2. Retaliating against a witness, victim, or informant: This means attempting to retaliate against a witness, victim, or informant for providing information regarding a federal crime or for testifying truthfully in a federal criminal proceeding. 3. Obstructing a criminal investigation: This means attempting to prevent, hinder, or delay the communication of information regarding a federal crime to a federal law enforcement officer or judge. All of these types of witness tampering are felonies punishable by up to 20 years in prison.

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FAQ

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.

In the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

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.

More info

In the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. Section 1512 of Title 18 constitutes a broad prohibition against tampering with a witness, victim or informant.(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. §§ 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 . . . 18 U.S.C. 924(e)(2)(B)(i) . 18 USCA § 1512United States Code AnnotatedTitle 18. Crimes and Criminal ProcedureEffective: January 7, 2008 (Approx. Subsection 1512(k) makes conspiracy to violate Section 1512 a separate offense subject to the same penalties as the underlying offense. § 1505 (emphasis added).

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WITNESS TAMPERING / 18 U.S.C. Sec. 1512(b)(1)