§710-1072.2

Retaliating against a witness

Public corruption · Chapter 710 — Offenses Against Public Administration · Part VI. Offenses Related to Judicial and Other

(1) A person commits the offense of retaliating against a witness if the person uses force upon or threatens a witness or another person or damages the property of a witness or another person because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding.

(2) "Threaten" as used in this section means any threat proscribed by sections 707-764(1) and 707-764(2).

(3) Retaliating against a witness is a class C felony. [L 1981, c 156, pt of §1; gen ch 1993]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 12.23RETALIATING AGAINST A WITNESS

Source / Amendment history

[L 1981, c 156, pt of §1; gen ch 1993]

Cross references, commentary & case notes

COMMENTARY ON §710-1072.2 Act 156, Session Laws 1981, enacted this section to provide additional protection to witnesses. Although the prior law penalized force or threats used against a person about to be called as a witness, it had no provisions dealing specifically with the offense of force or threats directed against a person for having served as a witness.

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