Intimidating a Victim or Witness in the Third Degree

What the prosecutor must prove

• You knew another person had information relating to a criminal transaction.
• You wrongfully compelled or attempted to compel that person to refrain from communicating it to a court, grand jury, prosecutor or police officer, by instilling a fear that you would cause physical injury.
• Alternatively, you intentionally damaged that person's property to keep them from reporting, or because they had already reported.

Defenses that commonly apply

• You did not know the person held information about a crime.
• No fear of physical injury was instilled — the contact was ordinary and lawful.
• The property damage alleged did not occur, or was not caused by you.
• The conduct occurred during the criminal transaction itself, which this section excludes.

Penalties and collateral consequences

A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to Up to $5,000.

Every case turns on its own facts. The information on this page is general, not legal advice.