U.S. Law Books

TAMPERING WITH A WITNESS IS A CRIME

Title 18, U.S.C., Sec. 1512, makes it a Federal crime or offense for anyone to use intimidation or physical force to threaten another person with intent to influence the testimony of a witness in any Court proceeding. A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the witness was scheduled to be a witness in court;

Second: That the person used intimidation/physical force against such witness; and

Third: That the person did so knowingly and willfully with the intent to influence the testimony of the witness.

To act with intent to "influence" the testimony of a witness means to act for the purpose of getting the witness to change or color or shade his or her testimony in some way; but it is not necessary to prove that the witness' testimony was, in fact, changed in any way.


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