1. 1. A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he:

   1. (1) Threatens or causes harm to any person or property; or
   2. (2) Uses force, threats or deception; or
   3. (3) Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or
   4. (4) Conveys any of the foregoing to another in furtherance of a conspiracy.

2. 2. A person commits the crime of "victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

   1. (1) Making any report of such victimization to any peace officer, or state, local or federal law enforcement officer or prosecuting agency or to any judge;
   2. (2) Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
   3. (3) Arresting or causing or seeking the arrest of any person in connection with such victimization.
3. 3. Tampering with a witness in a prosecution, tampering with a witness with purpose to induce the witness to testify falsely, or victim tampering is a class C felony if the original charge is a felony. Otherwise, tampering with a witness or victim tampering is a class A misdemeanor. Persons convicted under this section shall not be eligible for parole.

(L. 1977 S.B. 60, A.L. 1983 S.B. 24, A.L. 2005 H.B. 353)

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.

CROSS REFERENCES:

Court order against witness or victim tampering, 491.600; violations, 491.610

Pretrial release of defendant conditioned on no tampering, forms for bail or bond to set out also forfeiture of bond, 491.620