A person is guilty of a felony of the third degree if, by any threat which would constitute a means of committing the offense of theft by extortion under this Code if such threat were employed to obtain property, he: (a) attempts to induce any person to refrain from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense; or (b) attempts to induce any person who has been or may be properly called as a witness in any official proceeding to give false testimony in, to withhold testimony or information from, or to fail to attend, any such proceeding. SOURCE: G.P.C. § 136; M.P.C. § 241.6(1); *Cal. § 1100 (T.D. 3, 1969); Cal. §§ 1130, 1132 (1971); Mass. ch. 268, § 5(a); N.J. § 2C:28-5(a). CROSS-REFERENCES: § 52.45 -- Witness Bribery.
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COMMENT: Section 52.40 clears up anomalies in the Penal Code relative to sentencing contained in §§ 137 and 136. This Section places serious threats on the same plane with bribery -- third degree felony. Note that conduct under this Section and § 52.45 may amount to attempt to commit, solicitation of, or complicity in a perjury offense. No problem is presented as all three are third degree felonies.