Washington Code 9A.72.110 – Intimidating a witness
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(1) A person is guilty of intimidating a witness if a person, by use of a threat against a current or prospective witness, attempts to:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B felony | up to 10 years | up to $20,000 |
Terms Used In Washington Code 9A.72.110
- Official proceeding: means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions;
Washington Code 9A.72.010person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Testify: Answer questions in court. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Influence the testimony of that person;
(b) Induce that person to elude legal process summoning him or her to testify;
(c) Induce that person to absent himself or herself from such proceedings; or
(d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) A person also is guilty of intimidating a witness if the person directs a threat to a former witness because of the witness’s role in an official proceeding.
(3) As used in this section:
(a) “Threat” means:
(i) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
(ii) Threat as defined in *RCW 9A.04.110(27).
(b) “Current or prospective witness” means:
(i) A person endorsed as a witness in an official proceeding;
(ii) A person whom the actor believes may be called as a witness in any official proceeding; or
(iii) A person whom the actor has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child.
(c) “Former witness” means:
(i) A person who testified in an official proceeding;
(ii) A person who was endorsed as a witness in an official proceeding;
(iii) A person whom the actor knew or believed may have been called as a witness if a hearing or trial had been held; or
(iv) A person whom the actor knew or believed may have provided information related to a criminal investigation or an investigation into the abuse or neglect of a minor child.
(4) Intimidating a witness is a class B felony.
(5) For purposes of this section, each instance of an attempt to intimidate a witness constitutes a separate offense.
[ 2011 c 165 § 2; 1997 c 29 § 1; 1994 c 271 § 204; 1985 c 327 § 2; 1982 1st ex.s. c 47 § 18; 1975 1st ex.s. c 260 § 9A.72.110.]
NOTES:
*Reviser’s note: RCW 9A.04.110 was amended by 2011 c 166 § 2, changing subsection (27) to subsection (28).
Intent—2011 c 165: “In response to State v. Hall, 168 Wn.2d 726 (2010), the legislature intends to clarify that each instance of an attempt to intimidate or tamper with a witness constitutes a separate violation for purposes of determining the unit of prosecution under the statutes governing tampering with a witness and intimidating a witness.” [ 2011 c 165 § 1.]
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.