Affirmative Defenses. A person is guilty of a felony of the third degree if he: (a) offers, confers upon, or agrees to confer upon, any person any benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to any offense; provided that it is an affirmative defense to a prosecution under this Subsection that the benefit was honestly offered or conferred as restitution or indemnifica- tion for harm done in the circumstances of the offense; (b) offers, confers upon, or agrees to confer upon, any person who has been or may be properly called as a witness in an official proceeding any benefit as consideration for giving false testimony or information, for withholding testimony or information from, or for failing to attend, any such official proceeding; (c) solicits, accepts or agrees to accept any benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information, relating to an offense; provided that it is an affirmative defense to a prosecution under this Subsection that the benefit was honestly claimed as restitution or indemnification for harm done in the circumstances of the offense; or (d) solicits, accepts or agrees to accept, in connection with any official proceeding to which he has been or may be properly called as a witness, any benefit as consideration for giving false testimony or information in, for withholding testimony or information from, or for failing to attend, any such official proceeding. SOURCE: G.P.C. §§ 136, 137, 138, 153; See also §§ 1377-1379 (Code of Cr. Proc. §§ 140.10 thru 140.20); M.P.C. § 241.6; *Cal. § 1101 (T.D. 3, 1969); Cal. § 1134, 1136, 1138 (1971); Mass. ch. 268, § 5; N.J. § 2C:28-5. CROSS-REFERENCES: Code of Cr. Proc. §§ 140.10 - 140.20.
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COMMENT: Section 52.45 is a comprehensive Section, including bribery of an informant and witnesses. The interest in protecting the free flow of information about the commission of offenses seems to warrant extending the reach of the provision to this preliminary state of the official proceeding. Section 52.45 also incorporates what has been called Acompounding of crimes@. (Penal Code § 153.) This crime consists of the receipt of consideration for failure to report the commission of a crime. The former law allowed compromise of only misdemeanors. The commission felt that no citizen should be placed in jeopardy because he accepted honest restitution for what would otherwise be a criminal act and thereafter, failed to report it. Thus, the affirmative defense contained in § 52.58 (a). This defense is available regardless of the seriousness of injury or crime inflicted upon the person receiving the restitution or benefit.