North Dakota § 12.1-09-01 Tampering with witnesses and informants in proceedings

North Dakota Statutes

§ 12.1-09-01 — Tampering with witnesses and informants in proceedings

North Dakota·Title 12.1 Criminal Code·Ch. 12.1-09 Tampering and Unlawful Influence

1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery: a. With intent to influence another's testimony in an official proceeding; or b. With intent to induce or otherwise cause another:

(1)To withhold any testimony, information, document, or thing from an official proceeding, whether or not the other person would be legally privileged to do so;

(2)To violate section 12.1-09-03;

(3)To elude legal process summoning him to testify in an official proceeding; or

(4)To absent himself from an official proceeding to which he has been summoned. 2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from another a thing of pecuniary value as consideration for: a. Influencing the actor's testimony in an official proceeding; or b.

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1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery:
a. With intent to influence another's testimony in an official proceeding; or
b. With intent to induce or otherwise cause another:
(1) To withhold any testimony, information, document, or thing from an official
proceeding, whether or not the other person would be legally privileged to
do so;
(2) To violate section 12.1-09-03;
(3) To elude legal process summoning him to testify in an official proceeding; or
(4) To absent himself from an official proceeding to which he has been
summoned.
2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from
another a thing of pecuniary value as consideration for:
a. Influencing the actor's testimony in an official proceeding; or
b. The actor's engaging in the conduct described in paragraphs 1 through 4 of
subdivision b of subsection 1.
3. a. It is a defense to a prosecution under this section for use of threat with intent to
influence another's testimony that the threat was not of unlawful harm and was
used solely to influence the other to testify truthfully.
b. In a prosecution under this section based on bribery, it shall be an affirmative
defense that any consideration for a person's refraining from instigating or
pressing the prosecution of an offense was to be limited to restitution or
indemnification for harm caused by the offense.
c. It is no defense to a prosecution under this section that an official proceeding was
not pending or about to be instituted.
4. This section shall not be construed to prohibit the payment or receipt of witness fees
provided by statute, or the payment, by the party upon whose behalf a witness is
called, and receipt by a witness, of the reasonable cost of travel and subsistence
incurred and the reasonable value of time spent in attendance at an official
proceeding, or in the case of expert witnesses, a reasonable fee for preparing and
presenting an expert opinion.

North Dakota § 12.1-09-01 (Tampering with witnesses and informants in proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.