New Jersey’s Law on Tampering with Witnesses and Informants

New Jersey has strict laws prohibiting tampering with witnesses, informants, or retaliation against them. These laws, codified in Section 2C:28-5 of the New Jersey Code of Criminal Justice, aim to protect the integrity of investigations and legal proceedings by deterring interference. Understanding the scope and penalties of these laws is important for all New Jersey residents.

Prohibited Conduct Under 2C:28-5

The law prohibits several types of conduct that could obstruct justice:

Tampering with Witnesses or Informants

It is illegal to engage in conduct that would cause a witness or informant to:

• Testify or inform falsely
• Withhold testimony, information, documents, or physical evidence
• Avoid legal process summoning them to testify or provide evidence
• Not show up for a proceeding they are legally required to attend
• Otherwise obstruct, delay, prevent, or impede an investigation or proceeding

This applies when someone believes an official investigation or proceeding is pending, about to be instituted, or has already begun.

Tampering is a first-degree crime if force or threats are used during an investigation for certain violent crimes like murder. Otherwise, it is a second or third-degree offense depending on use of force.

Retaliation Against Witnesses or Informants

It is also illegal to harm someone in retaliation for their cooperation with law enforcement. Retaliation with force or threats is a second-degree crime. Otherwise, it is a third-degree offense.

Bribing or Taking Bribes

Offering bribes to witnesses or informants to obstruct justice is prohibited, as is accepting such bribes. Bribery is a second or third-degree crime depending on the circumstances.

Penalties and Sentencing

As outlined above, penalties vary based on the degree of the offense:

• First-degree crimes are the most serious. They carry 10-20 years in prison.
• Second-degree crimes mean 5-10 years in prison.
• Third-degree crimes carry up to 5 years in prison.

Tampering sentences must run consecutively, rather than concurrently, with any sentence for the underlying offense being investigated.

Fines, probation, restitution, and other consequences may also apply. Immigrants charged with tampering may face removal proceedings.

Real World Examples and Court Interpretations

There have been many prosecutions under 2C:28-5 that demonstrate how these laws are applied:

• In State v. Dortch, a man was convicted of witness tampering for asking his girlfriend to lie and say she stabbed the victim, not him. Even though she didn’t actually lie, just asking her to lie constituted tampering under the statute.
• State v. Vick involved retaliation charges after a defendant beat up a witness who testified against him in an earlier case. The physical assault was deemed retaliation.
• A mother telling her child not to talk about sexual abuse committed by the mom’s boyfriend was found to be tampering under 2C:28-5, even though no legal proceeding had begun yet.
• In State v. Fortin, the NJ Supreme Court said 2C:28-5 requires “purposeful” conduct, not just reckless disregard for potential interference with justice. There must be intent to obstruct.

Defenses to Witness Tampering Charges

There are several potential defenses to raise against witness tampering allegations:

• Lack of intent – As Fortin established, the state must prove you purposefully intended to interfere with the justice system.
• Threats or force weren’t used – The degree of the offense may be reduced if you did not employ threats or physical force.
• First Amendment – The right to free speech protects some efforts to persuade witnesses or criticize investigations. However, speech that knowingly incites false testimony or destruction of evidence can still be prosecuted.
• No pending/imminent proceeding – The tampering law requires a belief that an official proceeding or investigation is underway or about to begin.
• Statute of limitations – Charges must be filed within 5 years.
• Entrapment – If police improperly induced you to commit tampering, that is a valid defense.

Because witness tampering charges are so complex, those accused of violating 2C:28-5 should retain an experienced New Jersey criminal defense lawyer to protect their rights. An attorney can carefully examine the evidence and apply defenses to get charges reduced or dismissed where appropriate.