18 U.S.C. § 1512 – Witness tampering

18 U.S.C. § 1512 – Witness tampering

Witness tampering laws make it illegal to improperly influence, intimidate, or impede a witness’s testimony or cooperation in criminal proceedings. The main federal witness tampering statute is 18 U.S.C. § 1512, which prohibits tampering with witnesses, victims, or informants in federal proceedings, investigations, or cases. Let’s break down what’s prohibited under this law, penalties for violating it, and some key cases and defenses.

Conduct Prohibited Under 18 U.S.C. § 1512

Section 1512 prohibits a wide range of conduct that could improperly influence a witness’s testimony or cooperation. Some examples of prohibited conduct include:

• Killing or attempting to kill someone to prevent their testimony
• Using physical force or threats against a witness or their property
• Corruptly persuading a witness to testify falsely, withhold testimony, or hinder an investigation
• Harassing a witness to discourage them from testifying
• Altering, destroying, or concealing records or objects to make them unavailable for an investigation or proceeding

The law applies very broadly to any “official proceeding,” which includes federal criminal investigations, trials, grand jury proceedings, congressional hearings, and agency investigations or adjudications. It also applies to tampering with witnesses before proceedings begin, such as during an investigation.

One key aspect of § 1512 is that the defendant must intend to obstruct justice – accidental interference isn’t enough. However, the level of intent required is relatively low. Just acting “knowingly” to obstruct justice, without necessarily wanting to break the law, can violate § 1512.

Penalties for 18 U.S.C. § 1512 Witness Tampering

Penalties under § 1512 vary based on the defendant’s conduct and intent. Simple harassment of a witness can be a misdemeanor with up to 1 year in prison. More serious cases involving threats of force can bring up to 20 years. Where the defendant kills or attempts to kill a witness, life imprisonment or the death penalty are possible.

Fines, probation, and restitution may also be ordered. Enhanced penalties apply if the tampering involves terrorism, kidnapping, sexual abuse, murder, or other major crimes.

Key Cases and Defenses

Several key cases have interpreted § 1512’s scope:

• U.S. v. Frankhauser (80 F.3d 641): Tampering with evidence can occur even before an “official proceeding” begins.
• U.S. v. Byrne (435 F.3d 16): § 1512 applies to endeavors to obstruct justice, even unsuccessful ones.
• U.S. v. Carson (560 F.3d 566): Tampering by third parties like attorneys can violate § 1512.

Possible defenses in § 1512 cases include:

• Lack of intent – the defendant didn’t knowingly intend to obstruct justice.
• Free speech – the defendant’s acts were protected First Amendment activity.
• No pending proceeding – no “official proceeding” had begun yet.
• Entrapment – the defendant was improperly induced to commit the crime by government agents.

Since witness tampering strikes at the heart of the justice system, prosecutors usually pursue these charges aggressively. Anyone facing an investigation or charges should seek experienced legal counsel right away.

References

U.S. Code Title 18. Crimes and Criminal Procedure § 1512. Cornell Law School.

18 U.S. Code § 1512. Govinfo.gov.

Obstruction of Justice: Witness Tampering. U.S. Court of Appeals for the Third Circuit.

Federal Witness Tampering Defense Attorney. The Federal Criminal Attorneys.

18 U.S.C. § 1512. FindLaw.

Analyses of 18 U.S.C. § 1512. Casetext.