Intimidating a witness california penal code
Unbeknownst to Jill, Jack is a witness to the shooting.Jill tells Jack that any witness who comes forward to testify about the shooting will suffer heavy repercussions.“Maliciously” To act "maliciously" means to "unlawfully" intend to annoy, harm, or injure someone else in any way or intend to interfere in any way with the orderly administration of justice.
It doesn’t matter whether someone actually suffered or not, the crime is concerned with the defendant’s acts and not with the result of those acts.
Although Jill may have intimidated Jack, she did not know that Jack was a witness to the crime.
Jill therefore did not “knowingly” dissuade Jack and cannot be found guilty of PC 136.1.
If the force was actually used that will be an aggravating factor with additional three to six-year state prison sentence.
“Witness” is a person who is aware about the facts of a crime, whose declaration under oath may be considered as evidence, who has reported a crime, or has been served with a subpoena.