Intimidation of Witness

  1. Introduction

    A person who published intimate photographs or videos of another with the intention to prevent or dissuade that person from testifying in court may be charged with intimidation of a witness under the Penal Code.

  2. Text of the Statute

    Cal. Penal Code § 136.1

    “(a) Except as provided in subdivision (c), any person who does 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) 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) Knowingly 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.”

  3. Cases

    Research is ongoing.