§454. Tampering with a witness, informant, juror or victim

1.  A person is guilty of tampering with a witness or informant if, believing that an official proceeding, as defined in section 451, subsection 5, paragraph A, or an official criminal investigation is pending or will be instituted, the actor:

A. Induces or otherwise causes, or attempts to induce or cause, a witness or informant:

(1) To testify or inform in a manner the actor knows to be false; or

(2) To withhold testimony, information or evidence.

Violation of this paragraph is a Class C crime;   [PL 2003, c. 143, §5 (AMD).]

B. Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a witness or informant:

(1) To withhold testimony, information or evidence;

(2) To refrain from attending a criminal proceeding or criminal investigation; or

(3) To refrain from attending any other proceeding or investigation to which the witness or informant has been summoned by legal process.

Violation of this paragraph is a Class C crime; or   [PL 2001, c. 383, §63 (AMD); PL 2001, c. 383, §156 (AFF).]

C. Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1), or in paragraph B, subparagraph (1), (2) or (3). Violation of this paragraph is a Class C crime.   [PL 2001, c. 383, §63 (AMD); PL 2001, c. 383, §156 (AFF).]

[PL 2003, c. 143, §5 (AMD).]

1-A.  A person is guilty of tampering with a juror if the actor:

A. Contacts by any means a person who is a juror or any other person that the actor believes is in a position to influence a juror and the actor does so with the intention of influencing the juror in the performance of the juror's duty. Violation of this paragraph is a Class C crime; or   [PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

B. Violates paragraph A and the proceeding the juror is involved in is a criminal proceeding for murder or a Class A crime. Violation of this paragraph is a Class B crime.   [PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §63 (AMD); PL 2001, c. 383, §156 (AFF).]

1-B.  A person is guilty of tampering with a victim if, believing that an official proceeding, as defined in section 451, subsection 5, paragraph A, or an official criminal investigation is pending or will be instituted, the actor:

A. Induces or otherwise causes, or attempts to induce or cause, a victim:

(1) To testify or inform falsely; or

(2) To withhold testimony, information or evidence.

Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

B. Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a victim:

(1) To withhold testimony, information or evidence;

(2) To refrain from attending a criminal proceeding or criminal investigation; or

(3) To refrain from attending any other proceeding or investigation to which the victim has been summoned by legal process.

Violation of this paragraph is a Class B crime; or   [PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

C. Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1), or in paragraph B, subparagraph (1), (2) or (3).

Violation of this paragraph is a Class B crime.   [PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §63 (NEW); PL 2001, c. 383, §156 (AFF).]

2.

[PL 2001, c. 383, §63 (RP); PL 2001, c. 383, §156 (AFF).]

3.

[PL 1989, c. 300 (RP).]

4.

[PL 2001, c. 383, §63 (RP); PL 2001, c. 383, §156 (AFF).]

SECTION HISTORY

PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §54 (RPR). PL 1983, c. 352, §1 (AMD). PL 1989, c. 300 (AMD). PL 1989, c. 878, §B16 (AMD). PL 2001, c. 383, §63 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 143, §5 (AMD).