North Dakota Code 12.1-09-01 – Tampering with witnesses and informants in proceedings
1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
Terms Used In North Dakota Code 12.1-09-01
- Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
- Force: means physical action. See North Dakota Code 12.1-01-04
- Harm: means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested. See North Dakota Code 12.1-01-04
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- Official proceeding: means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- thing of pecuniary value: means a thing of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient. See North Dakota Code 12.1-01-04
a. With intent to influence another’s testimony in an official proceeding; or b. With intent to induce or otherwise cause another:
(1) To withhold any testimony, information, document, or thing from an official proceeding, whether or not the other person would be legally privileged to do so; (2) To violate section 12.1-09-03; (3) To elude legal process summoning him to testify in an official proceeding; or
(4) To absent himself from an official proceeding to which he has been summoned.
2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from another a thing of pecuniary value as consideration for:
a. Influencing the actor‘s testimony in an official proceeding; or
b. The actor’s engaging in the conduct described in paragraphs 1 through 4 of subdivision b of subsection 1.
3. a. It is a defense to a prosecution under this section for use of threat with intent to influence another’s testimony that the threat was not of unlawful harm and was used solely to influence the other to testify truthfully.
b. In a prosecution under this section based on bribery, it shall be an affirmative defense that any consideration for a person’s refraining from instigating or pressing the prosecution of an offense was to be limited to restitution or indemnification for harm caused by the offense.
c. It is no defense to a prosecution under this section that an official proceeding was not pending or about to be instituted.
4. This section shall not be construed to prohibit the payment or receipt of witness fees provided by statute, or the payment, by the party upon whose behalf a witness is called, and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time spent in attendance at an official proceeding, or in the case of expert witnesses, a reasonable fee for preparing and presenting an expert opinion.