Section 9A.72.110 - Intimidating a witness(1) A person is guilty of intimidating a witness if a person, by use of a threat against a current or prospective witness, attempts to: (a) Influence the testimony of that person;(b) Induce that person to elude legal process summoning him or her to testify;(c) Induce that person to absent himself or herself from such proceedings; or(d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child.(2) A person also is guilty of intimidating a witness if the person directs a threat to a former witness because of the witness's role in an official proceeding.(3) As used in this section: (a) "Threat" means: (i) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or(ii) Threat as defined in *RCW 9A.04.110(27).(b) "Current or prospective witness" means: (i) A person endorsed as a witness in an official proceeding;(ii) A person whom the actor believes may be called as a witness in any official proceeding; or(iii) A person whom the actor has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child.(c) "Former witness" means: (i) A person who testified in an official proceeding;(ii) A person who was endorsed as a witness in an official proceeding;(iii) A person whom the actor knew or believed may have been called as a witness if a hearing or trial had been held; or(iv) A person whom the actor knew or believed may have provided information related to a criminal investigation or an investigation into the abuse or neglect of a minor child.(4) Intimidating a witness is a class B felony.(5) For purposes of this section, each instance of an attempt to intimidate a witness constitutes a separate offense.Amended by 2011 c 165,§ 2, eff. 7/22/2011.1997 c 29 § 1; 1994 c 271 § 204; 1985 c 327 § 2; 1982 1st ex.s. c 47 § 18; 1975 1st ex.s. c 260 § 9A.72.110.*Reviser's note:RCW 9A.04.110 was amended by 2011 c 166 s 2, changing subsection (27) to subsection (28).
Intent- 2011 c 165 : "In response to State v. Hall, 168 Wn.2d 726 (2010), the legislature intends to clarify that each instance of an attempt to intimidate or tamper with a witness constitutes a separate violation for purposes of determining the unit of prosecution under the statutes governing tampering with a witness and intimidating a witness." [ 2011 c 165 s 1.]
Finding-1994 c 271: See note following RCW 9A.72.090.
Purpose-Severability-1994 c 271: See notes following RCW 9A.28.020.
Severability-1982 1st ex.s. c 47: See note following RCW 9.41.190.