Witnesses

TO:

FROM: Sandra Norman-Eady, Senior Attorney

RE: Witnesses

You wanted a summary of federal and state laws that address witness tampering or coercion. You are specifically interested in any laws that apply to gang-related tampering or coercion.

It is illegal under both federal and state law to tamper with a witness. The federal penalty for tampering depends on the nature of the criminal act. For example, using physical force to tamper carries a penalty of up to 10 years in prison, a fine of up to $250,000, or both. The state penalty for tampering is one to five years imprisonment, up to a fine of $5,000, or both.

Neither the federal nor the state tampering law has a special provision for gang-related tampering.

It is illegal under federal law to kill, intimidate, physically force, threaten, corruptly persuade, harass, or attempt to do any of these acts for the purpose of preventing a witness from communicating with law enforcement officials or testifying in an official proceeding (18 USCA 1512). Federal law also allows a federal court judge to issue a restraining order protecting witnesses from harassment (18 USCA 1514).

Anyone who intentionally kills or attempts to kill another person to prevent that person's (1) attendance or testimony in an official proceeding or (2) communication to a law enforcement officer or judge regarding the commission or possible commission of a federal offense or a parole, probation, or release violation may be sentenced to death for first degree murder, life for second degree murder, up to 10 years for voluntary manslaughter, or up to three years for involuntary manslaughter (18 USCA 1512 (a)).

Whoever knowingly uses intimidation, physical force, threats, corrupt persuasion, or misleading conduct with the intent to (1) influence, delay, or prevent another person from testifying; (2) cause or induce another to withhold testimony, evade legal process summoning him to appear as a witness, or be absent from an official proceeding to which he has been summoned; or (3) hinder, delay, or prevent communication to a law enforcement officer or judge must be imprisoned for up to 10 years, fined up to $250,000, or both (18 USCA 1512 (b)).

A person may be imprisoned for up to one year, fined up to $25,000, or both if he intentionally harasses another and thereby hinders, delays, prevents, or dissuades that person from attending or testifying at an official hearing, reporting to a law enforcement officer or judge, or causing a criminal prosecution to be sought or instituted (18 USCA 1512 (c)).

An allegation of legal conduct is an affirmative defense in a cause of action for tampering. A defendant must prove this allegation by a preponderance of the evidence (18 USCA 1512 (d)).

In addition to the criminal laws on witness tampering, the federal law allows a U.S. district court to issue a temporary restraining order prohibiting witness harassment if it finds that reasonable grounds exists to believe that harassment has or will occur (18 USCA 1514).

A person is guilty of witness tampering if, believing that an official proceeding is pending or about to be instituted, he induces or attempts to induce a witness to testify falsely, withhold testimony, elude legal process summoning him to testify, or absent himself from any official proceeding. Witness tampering is a class D felony punishable by one to five years imprisonment, up to a $5,000 fine, or both (CGS § 53a-151).

It is also illegal for anyone to bribe a witness or for a witness to accept a bribe. A person bribes a witness by offering, conferring, or agreeing to confer a benefit to him for the purpose of influencing his testimony or conduct with respect to an official proceeding. Both bribing a witness and accepting a bribe are class D felonies (CGS §§ 53a-151, -149, and -150).