The more imaginative types of witness tampering as well as forms of tampering defying enumeration were still prohibited by the omnibus provision of § 1503. Its coverage is limited to tampering accomplished by the specific means enumerated in the provision. Wilson, supra.ĭespite its coverage, section 1512 was not intended to reach all forms of witness tampering. Harassing conduct has been defined as that intended to badger, disturb or pester. This offense is intended to reach conduct less egregious than the corrupt, threatening or forceful conduct required for a violation of former 18 U.S.C. § 1512 makes intentional harassment a misdemeanor. Such conduct was not covered in those circuits that had narrowly construed the omnibus clauses of 18 U.S.C. First, it forbids "misleading conduct," as defined in 18 U.S.C. ![]() Section 1512 of Title 18 contains two significant additions to the types of tampering barred by Federal law. 923 (1986) (party was a witness after asserting his Fifth Amendment privilege and being dismissed from the stand since he could be recalled at any time). 1979) (witness retains status while case is pending on direct appeal). 1983) (witness retains status while defendant's motion for a new trial is pending) United States v. 1039 (1987) (protection of witness under § 1512 continues throughout the trial) United States v. Under § 1512, an individual retains his/her status as a witness even after testifying. ![]() With the addition of the words "any person," it is clear that a witness is "one who knew or was expected to know material facts and was expected to testify to them before pending judicial proceedings." United States v. Section 1512 protects potential as well as actual witnesses. Section § 1512 of Title 18 plainly covers such conduct, for it speaks of conduct directed toward "another person." See 128 Cong. Although the former law protected witnesses, parties, and informants, it was unclear whether that law reached the intimidation of third parties (for example, the spouse of a witness) for the purpose of intimidating the principal party. The provision also eliminates ambiguity about the class of individuals protected. The section specifically abolishes the pending proceeding requirement of 18 U.S.C. This change was necessitated by one court interpreting former § 1512 as not reaching an act of attempted murder that was intended to prevent a witness from testifying. 99-646, it is clear that the killing of a witness or attempts to kill a witness in order to prevent his/her testimony constitutes an act of force intended to "influence the witness' testimony." See 18 U.S.C. As amended by the Criminal Law and Procedure Technical Amendments Act of 1986, Pub. There is no requirement that the defendants actions have the intended obstructive effect. Section 1512 also includes attempts in its list of prohibited conduct. Second, it protects individuals seeking to provide information to Federal judges or Federal probation and pretrial services officers. For example, it protects individuals having information concerning a violation of a condition of probation, parole, or bail whether or not that violation constitutes a violation of any other Federal criminal statute. § 1510 and expands the class of informants protected by Federal law. First, section 1512(b)(3) sweeps more broadly than former 18 U.S.C. Section 1512 augments the prohibitions of the former law in several important respects. Tampering with informants by means of bribery remains an 18 U.S.C. § 1510, with the exception of tampering by means of bribery, are now proscribed by 18 U.S.C. (As discussed in this Manual at 17, the omnibus clauses of these provisions still cover witnesses.) All forms of tampering with informants covered in former 18 U.S.C. ![]() The express prohibitions against tampering with witnesses and parties contained in former 18 U.S.C. In addition, the section provides extraterritorial Federal jurisdiction over the offenses created therein. It applies to proceedings before Congress, executive departments, and administrative agencies, and to civil and criminal judicial proceedings, including grand jury proceedings. It proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings or the communication of information to Federal law enforcement officers. Section 1512 of Title 18 constitutes a broad prohibition against tampering with a witness, victim or informant.
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