Tampering with Witnesses: Defined and Punished

A person is guilty of a misdemeanor if he attempts to induce any person to give false testimony in or to withhold testimony from any official proceeding to which he has been or may be properly called as a witness, or to fail to attend any official proceeding to which he has been lawfully called as a witness. SOURCE: G.P.C. § 133, 136; M.P.C. § 241.6; *Cal. § 1102 (T.D. 3, 1969); Cal. § 1140 (1971); Mass. ch. 268, § 5; N.J. § 2C:28-5. CROSS-REFERENCES: § 52.40; § 52.45 - Witness Bribery. COMMENT: Section 52.50 is a general prohibition of improper attempt to affect witnesses. The crime is a misdemeanor. Unlike the previous two Sections, which can be violated only by prohibited kinds of inducements, threat or bribery, this Section is not limited respect to the means of inducement. On the other hand, this Section is more limited as to the objectives of the inducement, i.e., giving false testimony in; withholding testimony from or failing to attend at an official proceedings to which the witness has been or may be called. This is a lesser included offense to subornation of perjury and attempted witness intimidation or bribery.