Section 754 - Obstructing criminal prosecution1. A person is guilty of obstructing criminal prosecution if: A. The person uses force, violence or intimidation, or the person promises, offers or gives any pecuniary benefit or anything of benefit to another, with the intent to induce the other: (1) To refrain from initiating a criminal prosecution or juvenile proceeding; or(2) To refrain from continuing with a criminal prosecution or juvenile proceeding that the other person has initiated; or [2019, c. 438, §4(AMD).]B. The person solicits, accepts or agrees to accept any pecuniary benefit or anything of benefit to another in consideration of doing any of the things specified in this subsection. [2019, c. 438, §4(AMD).] [2019, c. 438, §4(AMD).]
2. This section does not apply to conduct authorized by Title 15, section 891. [2001, c. 383, §89(AMD); 2001, c. 383, §156(AFF).]
3. It is an affirmative defense to prosecution under this section that: A. The charge in fact made or liable to be made was for a Class D or Class E crime or a comparable juvenile offense; and [1977, c. 510, §62(RPR).]B. The pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense. [1977, c. 510, §62(RPR).] [1977, c. 510, §62(RPR).]
4. Obstructing criminal prosecution is a Class C crime. [1977, c. 510, §62(NEW).]
Amended by 2019, c. 438,§ 4, eff. 9/19/2019.1975, c. 499, § 1 (NEW) . 1977, c. 510, § 62 (RPR) . 2001, c. 383, § 156 (AFF) . 2001, c. 383, § 89 (AMD) .