Kansas Statutes 21-5909. Intimidation of a witness or victim; aggravated intimidation of a witness or victim
Terms Used In Kansas Statutes 21-5909
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to Kan. Stat. Ann. § 38-2223, and amendments thereto;
(B) causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined in subsection (a), when the:
(1) Act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;
(2) act is in furtherance of a conspiracy;
(3) act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this section or any federal or other state‘s statute that, if the act prosecuted was committed in this state, would be a violation of this section;
(4) witness or victim is under 18 years of age; or
(5) act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(c) (1) Intimidation of a witness or victim is a class B person misdemeanor.
(2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.