Intimidating a witness california penal code
It does not matter if the defendant was successful in preventing or discouraging the victim or witness, the attempt to intimidate the victim or witness is enough for the defendant to be held criminally liable under Penal Code 136.1 PC.It also does not matter if no one was actually injured or intimidated as a result of the defendant's attempts to prevent a victim or witness from coming forward or cooperating with authorities.2.
Any person who knowingly and maliciously to prevent or dissuade a victim or witness from attending court or giving testimony has also violated Penal Code section 136.1(a)(2).
The defendant maliciously prevented or discouraged (or tried to prevent or discourage) a person from cooperating or providing information so that a complaint / indictment / information / probation violation / parole violation could be sought and prosecuted, and from helping to prosecute that action; OR 1.
The defendant maliciously prevented or discouraged (or tried to prevent or discourage) a person from arresting or causing or seeking the arrest of someone in connection with a crime; AND 2.
Definition and Elements of the Crime Discouraging a witness or victim from reporting a crime or from testifying about a crime is itself a serious criminal offense under California Penal Code Section 136.1 PC.
In order to prove an allegation of Intimidating a Witness or Victim, a prosecutor must be able to establish the following elements: Someone is a victim if there is reason to believe that a federal or state crime was committed or was attempted against him or her.