(1) A person commits intimidating a witness or victim if:
(a) By use of a threat, act of harassment as defined in section 18-9-111, or act
of harm or injury to any person or property directed to or committed upon:
(I) A witness in any criminal or civil proceeding;
(II) A victim of any crime;
(III) A person he or she believes has been or is to be called or who would have
been called to testify as a witness in any criminal or civil proceeding or a victim of
any crime;
(IV) A person he or she believes may have information relevant to a criminal
investigation;
(V) A member of the witness’s family;
(VI) A member of the victim’s family;
(VII) A person in close relationship to the witness or victim;
(VIII) A person residing in the same household with the witness or victim;
(IX) A person he or she believes may be able to exert influence upon the
witness or victim; or
(X) Any person who has reported a crime or who may be called to testify or
who testifies as a witness to or victim of any crime; and
(b) He or she intentionally attempts to or does:
(I) Influence the witness or victim to testify falsely or unlawfully withhold
any testimony; or
(II) Induce the witness or victim to avoid legal process summoning him or her
to testify; or
(III) Induce the witness or victim to absent himself or herself from an official
proceeding; or
(IV) Inflict such harm or injury prior to such testimony or expected testimony;
or
(V) Influence the witness, victim, or any person with knowledge of relevant
information to withhold information from, or provide false information to, law
enforcement, a defense attorney, or a defense investigator.
(2) Intimidating a witness or victim is a class 4 felony.
L. 84: Entire part added, p. 501, § 4, effective July 1. L. 88: IP(1) amended, p. 714, § 23, effective July 1. L. 90: IP(1) amended, p. 987, § 11, effective April 24. L. 91: IP(1) amended, p. 407, § 15, effective June 6. L. 2003: IP(1) amended, p. 1433, § 27, effective July 1. L. 2004: (1)(c) amended, p. 435, § 2, effective July 1. L. 2018: IP(1) amended, (SB 18-169), ch. 162, p. 1127, § 1, effective July 1. L. 2022: (1) amended, (SB 22-024), ch. 26, p. 161, § 1, effective July 1.
This section is similar to former § 18-8-604 as it existed prior to 1984.
