Tampering With Witnesses and Informants, (2C:28-5)

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2C:28-5.  Tampering With Witnesses and Informants

    a.   Tampering.  A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted, he knowingly attempts to induce or otherwise cause a witness or informant to: 

    (1)  Testify or inform falsely;

    (2)  Withhold any testimony, information, document or thing;

    (3)  Elude legal process summoning him to testify or supply evidence; or

    (4)  Absent himself from any proceeding or investigation to which he has been legally summoned. 

    The offense is a crime of the second degree if the actor employs force or threat of force. Otherwise it is a crime of the third degree. Privileged communications may not be used as evidence in any prosecution for violations of paragraph (2), (3) or (4). 

    b.   Retaliation against witness or informant.  A person commits a crime of the fourth degree if he harms another by an unlawful act with purpose to retaliate for or on account of the service of another as a witness or informant. 

    c.   Witness or informant taking bribe.  A person commits a crime of the third degree if he solicits, accepts or agrees to accept any benefit in consideration of his doing any of the things specified in subsection a. (1) through (4) of this section. 

From Newark to Trenton, Jersey City to Atlantic City, our criminal defense attorneys will fight you in any court in New Jersey.  With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!

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About jefhenningeresq

New Jersey Attorney focusing on white collar crime, street crime, business law, identity theft and family law.

Posted on June 14, 2009, in Crimes and tagged , , , , . Bookmark the permalink. Comments Off on Tampering With Witnesses and Informants, (2C:28-5).

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