Contact Us for a Consultation (559) 266-5555

PC 136.1 Preventing or Dissuading from attending or giving testimony

PC 136.1 Preventing or Dissuading from attending or giving testimony

PC 136.1(a) Except as provided in subdivision (c), any person who does any of the following is guilty of public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.

(2) Knowing and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.

(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.

(b) Except as provided in subdivision (c), every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Making any report that he victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge.

(2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof.

(3) Arresting or causing or seeking the arrest of any person in connection with that victimization

(c) Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances.

(1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the property of any victim, witness, or any third person.

(2) Where the act is in furtherance of a conspiracy.

(3) Where the act is committed by any person who has been convicted of any violation of this section, any predecessor law hereto or any federal statute or statue of any other state which, if the act prosecuted was committed in this state would be a violation of this section

(4) Where the act committed by any person for pecuniary gain or for any other consideration acting upon the request of any other person.  All parties to such a transaction are guilty of a felony.

(d) Every person attempting the commission of any act described in subdivisions (a), (b), and (c) is guilty of the offense attempted without regard to success or failure of the attempt.  The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section.

(e) Nothing in this section precludes imposition of an enhancement for great bodily injury where the injury inflicted is significant or substantial.

(f) The use of force during the commission of any offense described ins subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b of Section 1170.

Home Page

Get the Help You Need

Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

Schedule Today

191 West Shaw
#209

Fresno, CA 93704
(559) 266-5555
(559) 412-2082 (fax)
Mon, Tue, Wed, Thu, Fri: 07:30am - 07:30pm
Sat, Sun: 09:00am - 01:00pm

Menu