RCW 9A.72.110
520 words·~2 min read·
/wa/title-9a/chapter-9a-72/9a-72-110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 s 2 ; 1997 c 29 s 1 ; 1994 c 271 s 204 ; 1985 c 327 s 2 ; 1982 1st ex.s. c 47 s 18 ; 1975 1st ex.s. c 260 s 9A.72.110 .]
Notes:
*Reviser's note: RCW 9A.04.110 was amended by 2011 c 166 s 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 s 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 .