California penal code intimidating witness
Robert, a primary suspect in a bank robbery sent James, a bank teller who got a glimpse of Robert’s face under the mask, a note that read “Testify and you’re dead.” Robert could be charged with the offense because he threatened James to prevent him from testifying about Robert’s participation in the robbery.
It is a defense to this charge if you did not intend or know that the person you were dissuading was a witness or victim or did not think or realize you were engaged in the type of behavior that would cause the witness to be intimidated and thereby dissuaded.
(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).
This time big business is getting into the mix and they’re aiming for gun stores right at the source of their revenues – their transaction processing facilities.
In other words, if you did not know that the person you were dissuading was a witness or victim or did not think or realize you were engaged in the type of behavior that would cause the witness to be intimidated and thereby dissuaded, you cannot be charged with this offense.
The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code.
, and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence under the laws of this state or another state, an offense under this section is the greater of: , that is perpetrated, in part, with the intent to cause the witness's or prospective witness's unavailability or failure to comply and the offense is punishable under Subsection (e-1) or (e-2), as applicable.
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