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9A.72.100  <<  9A.72.110 >>   9A.72.120

RCW 9A.72.110

Intimidating a witness.

(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:

     (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.