Tampering with Witness - Texas Gang Investigators Association

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Tampering with Witness

Penal Code

P.C. 36.05 - Tampering with Witness

(a) A person commits an offense if, with
intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding:

(1) to testify falsely;


(2) to withhold any testimony, information, document, or thing;


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


(4) to absent himself from an official proceeding to which he has been legally summoned; or


(5) to abstain from, discontinue, or delay the prosecution of another.


(b) A witness or prospective witness in an official proceeding commits an offense if he
knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).

(c) It is
a defense to prosecution under Subsection (a)(5) that the benefit received was:

(1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and


(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.


(d) An offense under this section is a felony of the third degree
, except that if the official proceeding is part of the prosecution of a criminal case, an offense under this section is the same category of offense as the most serious offense charged in that criminal case.

(e) Notwithstanding Subsection (d), if the most serious offense charged is a
capital felony, an offense under this section is a felony of the first degree.

(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

 
 
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