Without that intent, there is no criminal intimidation.Consider this: A particularly scary mugger would not be charged with intimidating a witness merely for making the victim apprehensive of reporting the crime; the mugger would need to have the intent to dissuade his victim from reporting the crime.There are also many crimes which have the effect of intimidating someone from testifying (e.g., repeat domestic violence offenses), but these acts are not necessarily criminal witness intimidation.According to the Department of Justice, the key difference between witness intimidation and other crimes is that the perpetrator has the intent "to discourage the victim from reporting a crime to police or cooperating with prosecutors." Intimidating a witness requires the offender to have the specific intent to coerce the witness or victim not to testify or report.
While intimidation of a witness conjures up images of a gangster threatening a witness with a beating if he testifies against him in court, most prosecutions for this crime are not so obvious.
Here are some key examples of what Dissuading a Witness from Testifying Intimidating a witness can work in many criminals' favor, but one of its most pernicious effects is to keep key witnesses from testifying in criminal court. For example, in California, dissuading a witnesses occurs when someone: In one notable example, "Girls Gone Wild" creator Joe Francis was found guilty of dissuading a witness after he lured several women to his apartment, trapped them there, and then attacked one to convince her that filing a police report was a bad idea.
Narrowing Down Intimidation Witness intimidation doesn't necessarily need to be accompanied by force; victims of witness intimidation have been harassed on Facebook by culprits using threatening words about "rats" and testifying.
A violation of division (B) of this section is a felony of the third degree.
As used in this section, "witness" means any person who has or claims to have knowledge concerning a fact or facts concerning a criminal or delinquent act, whether or not criminal or delinquent child charges are actually filed.