§710-1071 Intimidating a witness.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of intimidating a witness if he uses force upon or a threat directed to a witness or a person he believes is about to be called as a witness in any official proceeding, with intent to:

(a)Influence the testimony of that person;

(b)Induce that person to avoid legal process summoning him to testify; or

(c)Induce that person to absent himself from an official proceeding to which he has been legally summoned.

(2)"Threat" as used in this section means any threat proscribed by section 707-764(1).

(3)Intimidating a witness is a class C felony. [L 1972, c 9, pt of §1; am L 1980, c 267, §2]

COMMENTARY ON §710-1071

The potential for harm involved in witness intimidation is essentially similar to that involved in the offense of bribery of a witness, e.g., the undermining of the integrity of an extremely important part of the judicial process. The definition of the offense also parallels that of bribery of a witness, and the sanctions are identical. Note, however, that only the person who directs the force or threat against the witness is guilty of a crime. "Threat," as used in this section is any threat proscribed by the offense of criminal coercion under §707-724.

To some extent, it would seem that the section on criminal coercion might suffice to deal with witness intimidation, but since the intimidation of a witness carries the additional harm of interfering with an official proceeding, it seems appropriate to impose a more severe sanction for the present offense.

Previous Hawaii law had no provisions dealing specifically with the offense of witness intimidation.

Case Notes

Terroristic threatening not a lesser included offense of intimidating a witness within the meaning of §701-109(4)(a); multiple conviction of terroristic threatening and intimidating a witness not barred by §701-109(4)(c). 75 H. 517, 865 P.2d 157 (1994).

Sufficient evidence that defendant directed threats to person whom defendant believed was about to be called as a witness where defendant phoned person soon after explicit warning from police officer that such conduct could be inferred as intimidating a witness. 82 H. 419 (App.), 922 P.2d 1032 (1996).

Sufficient evidence that defendant intended to influence person's testimony by making threatening statements during phone call. 82 H. 419 (App.), 922 P.2d 1032 (1996).