Dissuading a Witness

California Penal Code §136.1

California Penal Code §136.1 makes it illegal to prevent, intimidate, or dissuade a witness to a crime, or the victim themself from:

1. Reporting a crime
2. Testifying about a crime
3. Cooperating with police or attorneys

§136.1 (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.

(2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.

(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.

(b) Except as provided in subdivision (c), every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge.

(2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof.

(3) Arresting or causing or seeking the arrest of any person in connection with that victimization.

            (c) Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:

(1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the property of any victim, witness, or any third person.

(2) Where the act is in furtherance of a conspiracy.

California Penal Code §136.1 can be prosecuted either as a misdemeanor or a felony.

Immigration Consequences

A conviction for §136.1 may result in a non-citizen being deported. Always consult an immigration lawyer.

Gun Rights

A misdemeanor conviction for §136.1 will result in a 10-year restriction against owning a firearm.

A felony conviction for §136.1 will result in a lifetime restriction against owning a firearm.

Law Offices of Michael P. Kade, APLC. can help with any civil litigation or criminal defense matter.