Intimidating a Victim or Witness in the Third Degree

Definition under New York law

PL 215.15 · Original statutory wording; excerpts must be read together with the full section.

§ 215.15 Intimidating a victim or witness in the third degree.A person is guilty of intimidating a victim or witness in the thirddegree when, knowing that another person possesses information relatingto a criminal transaction and other than in the course of that criminaltransaction or immediate flight therefrom, he:1. Wrongfully compels or attempts to compel such other person torefrain from communicating such information to any court, grand jury,prosecutor, police officer or peace officer by means of instilling inhim a fear that the actor will cause physical injury to such otherperson or another person; or2. Intentionally damages the property of such other person or anotherperson for the purpose of compelling such other person or another personto refrain from communicating, or on account of such other person oranother person having communicated, information relating to thatcriminal transaction to any court, grand jury, prosecutor, policeofficer or peace officer.Intimidating a victim or witness in the third degree is a class Efelony.

In everyday language

This offense requires knowledge that another person has information about a criminal transaction and conduct outside that transaction or its immediate flight. It alternatively covers coercion or attempted coercion through fear of physical injury, or intentional property damage to prevent or retaliate for specified communications.

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.