Intimidating a witness or victim
Mary cannot be charged with the offense in this instance because she did not know that Jason is a witness.
Preventing or attempting to prevent: You do not have to succeed at preventing or dissuading the victim/witness from performing the acts listed under this section; an attempt to do so will be sufficient for a conviction.
He intentionally causes serious physical injury to a person for the purpose of obstructing, delaying, preventing or impeding the giving of testimony in a criminal proceeding by such person or another person or for the purpose of compelling such person or another person to swear falsely; or 2.
He intentionally causes serious physical injury to a person on account of such person or another person having testified in a criminal proceeding. Any person who is the victim of an offense upon which an accusatory instrument is based or, is subpoenaed to attend a criminal proceeding as a witness pursuant to article six hundred ten of the criminal procedure law or who exercises his rights as a victim as provided by section 380.50 or 390.30 of the criminal procedure law or subdivision two of section two hundred fifty-nine-i of the executive law and who notifies his employer or agent of his intent to appear as a witness, to consult with the district attorney, or to exercise his rights as provided in the criminal procedure law, the family court act and the executive law prior to the day of his attendance, shall not on account of his absence from employment by reason of such service be subject to discharge or penalty except as hereinafter provided.
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Robert, a primary suspect in a bank robbery sent James, a bank teller who got a glimpse of Robert’s face under the mask, a note that read “Testify and you’re dead.” Robert could be charged with the offense because he threatened James to prevent him from testifying about Robert’s participation in the robbery.Example: Mary told her neighbor Jason that the last person who testified against her co-worker who robbed a bank has disappeared and has not been heard from for days.Unbeknownst to Mary, Jason also witnessed the robbery under penal code 211 pc and was called to testify.Also in order to be charged with the offense, you have to have acted with knowledge.In other words, if you did not know that the person you were dissuading was a witness or victim or did not think or realize you were engaged in the type of behavior that would cause the witness to be intimidated and thereby dissuaded, you cannot be charged with this offense.