PRINTER'S NO. 1586
No. 1126 Session of 2006
INTRODUCED BY KITCHEN, RHOADES, KASUNIC, WASHINGTON, COSTA, TARTAGLIONE, BOSCOLA, O'PAKE, RAFFERTY, MUSTO, STOUT, STACK AND LOGAN, MARCH 17, 2006
REFERRED TO JUDICIARY, MARCH 17, 2006
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for intimidation of 3 witnesses or victims. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 4952 and 4953 of Title 18 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 4952. Intimidation of witnesses or victims. 9 (a) Offense defined.--A person commits an offense if, with 10 the intent to or with the knowledge that his conduct will 11 obstruct, impede, impair, prevent or interfere with the 12 administration of criminal justice, he intimidates or attempts 13 to intimidate any witness or victim to: 14 (1) Refrain from informing or reporting to any law 15 enforcement officer, prosecuting official or judge concerning 16 any information, document or thing relating to the commission 17 of a crime. 18 (2) Give any false or misleading information or
1 testimony relating to the commission of any crime to any law
2 enforcement officer, prosecuting official or judge.
3 (3) Withhold any testimony, information, document or
4 thing relating to the commission of a crime from any law
5 enforcement officer, prosecuting official or judge.
6 (4) Give any false or misleading information or
7 testimony or refrain from giving any testimony, information,
8 document or thing, relating to the commission of a crime, to
9 an attorney representing a criminal defendant.
10 (5) Elude, evade or ignore any request to appear or
11 legal process summoning him to appear to testify or supply
12 evidence.
13 (6) Absent himself from any proceeding or investigation
14 to which he has been legally summoned.
15 (b) Grading.--
16 (1) The offense is a felony of the degree indicated in
17 paragraphs (2) [through (4)] and (3) if:
18 (i) The actor employs force, violence or deception,
19 or threatens to employ force or violence, upon the
20 witness or victim or, with the requisite intent or
21 knowledge upon any other person.
22 (ii) The actor offers any pecuniary or other benefit
23 to the witness or victim or, with the requisite intent or
24 knowledge, to any other person.
25 (iii) The actor's conduct is in furtherance of a
26 conspiracy to intimidate a witness or victim.
27 (iv) The actor accepts, agrees or solicits another
28 to accept any pecuniary or other benefit to intimidate a
29 witness or victim.
30 (v) The actor has suffered any prior conviction for
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1 any violation of this section or any predecessor law 2 hereto, or has been convicted, under any Federal statute 3 or statute of any other state, of an act which would be a 4 violation of this section if committed in this State. 5 (2) The offense is a felony of the first degree if a 6 felony of the first degree or murder in the first or second 7 degree was charged in the case in which the actor sought to 8 influence or intimidate a witness or victim as specified in 9 this subsection. 10 (3) The offense is a felony of the second degree [if a 11 felony of the second degree is the most serious offense 12 charged in the] in any other case in which the actor sought 13 to influence or intimidate a witness or victim as specified 14 in this subsection. 15 [(4) The offense is a felony of the third degree in any 16 other case in which the actor sought to influence or 17 intimidate a witness or victim as specified in this 18 subsection.] 19 (5) Otherwise the offense is a misdemeanor of the 20 [second] first degree. 21 § 4953. Retaliation against witness, victim or party. 22 (a) Offense defined.--A person commits an offense if he 23 harms another by any unlawful act or engages in a course of 24 conduct or repeatedly commits acts which threaten another in 25 retaliation for anything lawfully done in the capacity of 26 witness, victim or a party in a civil matter. 27 (b) Grading.--The offense is a felony of the [third] second 28 degree if the retaliation is accomplished by any of the means 29 specified in section 4952(b)(1) through (5) (relating to 30 intimidation of witnesses or victims). Otherwise the offense is 20060S1126B1586 - 3 -
1 a misdemeanor of the [second] first degree.
2 Section 2. This act shall take effect in 60 days.
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