Intimidating a witness california penal code Free porn chat rooms without sign up needed

19-Sep-2020 14:24

California's law against dissuading a witness or victim, Penal Code 136.1 PC, makes it illegal to prevent or to attempt to prevent any witnesses or victims of a crime from reporting or testifying about the crime.

Examples of dissuading a witness or victim include intimidating a witness through a direct or indirect threat and offering to pay a witness in exchange for their promise not to testify.

For example, Jill hears about a shooting in the neighborhood.

Jill chats with Jack, her neighbor, about the shooting.

“Witness” A witness is a person who If the defendant reasonably believes the person he is trying to dissuade fits any of these criteria then that individual is considered a “witness.” “Victim” A person is considered a victim if there is reason to believe that a crime is being or has been committed against that person.

LEGAL DEFENSES TO PENAL CODE SECTION 136.1, CALIFORNIA’S “DISSUADING A WITNESS” LAW Lack of knowledge / intent If a defendant does not know that a person is a victim or witness, or is not maliciously trying to interfere, the defendant is not guilty of violating Penal Code 136.1 PC California's "dissuading a witness" law.

False accusations / wrongful arrest Falsely accusing someone of dissuading a witness happens particularly in domestic violence cases, when an alleged victim of domestic violence becomes vulnerable to exaggerating and distorting facts against her alleged abuser.

In regards to PC Section 136.1 prosecutor must prove that defendant acted with the intention of dissuading a witness or victim from reporting or testifying or a crime.

intimidating a witness california penal code-5

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In case the victim or witness is a family member and defendant dissuaded them for their own protection, then PC Section 136.1 PC stipulates that the court must assume that defendant didn’t act maliciously.“Conspiracy” Under Penal Code 136.1, California's "dissuading a witness" law, a "conspiracy" “Force / threats of force” Even if a defendant does not cause any injury, using or threatening to use force against a witness is considered a violation of Penal Code 136.1, California's "dissuading a witness" law.

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