(a)Except as provided in subdivision (c), a person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1)Knowingly and maliciously prevents or dissuades a witness or victim from attending or giving testimony at
a trial, proceeding, or inquiry authorized by law.
(2)Knowingly and maliciously attempts to prevent or dissuade a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.
(3)For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.
(b)Except as provided in subdivision (c), a person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1)Making a report of that victimization to
a peace
officer, a state or local law enforcement officer, a probation, parole, or correctional officer, a prosecuting agency, or a judge.
(2)Causing a complaint, indictment, information, or
probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof.
(3)Arresting or causing or seeking the arrest of a person in connection with that victimization.
(c)A person doing any of the acts described in subdivision (a) or (b) knowingly and
maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
(1)If the act is accompanied by force or by an express or implied threat of force or violence, upon a witness, victim, or any third person or the property of a
victim, witness, or any third person.
(2)If the act is in furtherance of a conspiracy.
(3)If the act is committed by
a person who has been convicted of a violation of this section, a predecessor law, a federal statute, or
a
statute of any other state that, if the act prosecuted was committed in this state, would be a violation of this section.
(4)If the act is committed by a person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to
the
transaction are guilty of a felony.
(d)A person attempting the commission of an act described in
subdivision (a), (b),
or (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, is not a defense against prosecution under this section.
(e)This section
does not preclude the imposition of an enhancement for great bodily injury if the injury inflicted is significant or substantial.
(f)The use of force during the commission of
an offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170.
Notes of Decisions
Natavidad Duran Escobar v. Loretta E. Lynch, 846 F.3d 1019 (9th Cir. 2017).
· cites it 13× “Cal. Penal Code § 136.1 (a). The elements of witness intimidation in California are: (1) knowingly and maliciously (2) preventing or dissuading or attempting to prevent or dissuade (3) a victim or a witness (4) from attending or giving testimony at any trial, proceeding, or…”
Earl Cannedy, Jr. v. Darrel Adams, 706 F.3d 1148 (9th Cir. 2013).
· cites it 4× “9 9 Furthermore, to obtain a conviction under California Penal Code section 136.1(b)(1), the government must demonstrate that the person whom the defendant attempted to dissuade was the victim of a crime.”
People v. Neely, 2004 Cal. Daily Op. Serv. 10961 (Cal. Ct. App. 2004).
· cites it 5× “) Penal Code section 136.1 is unofficially entitled “Intimidation of witnesses and victims,” and includes various offenses, but includes no offense of which “intimidation” is an element.”
Messerschmidt v. Millender, 565 U.S. 535 (2012).
“, Cal. Penal Code Ann. §136.1(b)(1) (West 1999) (It is a crime to “attempt[ ] to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from .”
People v. Johnson, 61 Cal. 4th 674 (Cal. 2015).
“(Pen. Code, § 136.1, subd. (a)(2); all further statutory references are to the Penal Code unless otherwise noted.”
Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019).
“Mairena was sentenced to five years of imprisonment: four years for the offense, plus a one-year enhancement, pursuant to California Penal Code § 12022.5(b)(1), 2 for using a weapon during the commission of the offense.”
Harris v. Garcia, 734 F. Supp. 2d 973 (N.D. Cal. 2010).
· cites it 8× “Sufficiency of Evidence Supporting Conviction for Attempting to Dissuade a Witness Petitioner next claims that there was insufficient evidence presented at trial to support his conviction for attempting to dissuade Nicholas Brayevich from testifying in furtherance of a…”
People v. Espinoza, 373 P.3d 456 (Cal. 2016).
“Code, §422); misdemeanor possession of 28.5 grams or less of marijuana (Health & Saf.”
People v. Ocegueda, 247 Cal. App. 4th 1393 (Cal. Ct. App. 2016).
“(a)(2)); and count four—dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1)). Prior to trial, count one was dismissed in the interests of justice.”
People v. Louie, 203 Cal. App. 4th 388 (Cal. Ct. App. 2012).
“(b)), dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1)), and criminal threats (Pen.”
People v. Galvez, 195 Cal. App. 4th 1253 (Cal. Ct. App. 2011).
“(Pen. Code, §§ 136.1, subd. (b), 18.) 1 When committed in the criminal street gang context, the punishment is increased to a potential life term.”
— Cal. Penal Code § 136.1(B)(1) — 1 case
— Cal. Penal Code § 136.1(a) — 9 cases
Natavidad Duran Escobar v. Loretta E. Lynch, 846 F.3d 1019 (9th Cir. 2017).
“Cal. Penal Code § 136.1 (a). The elements of witness intimidation in California are: (1) knowingly and maliciously (2) preventing or dissuading or attempting to prevent or dissuade (3) a victim or a witness (4) from attending or giving testimony at any trial, proceeding, or…”
— Cal. Penal Code § 136.1(a)(1) — 2 cases
— Cal. Penal Code § 136.1(a)(2) — 1 case
— Cal. Penal Code § 136.1(b) — 4 cases
Harris v. Garcia, 734 F. Supp. 2d 973 (N.D. Cal. 2010).
“Sufficiency of Evidence Supporting Conviction for Attempting to Dissuade a Witness Petitioner next claims that there was insufficient evidence presented at trial to support his conviction for attempting to dissuade Nicholas Brayevich from testifying in furtherance of a…”
— Cal. Penal Code § 136.1(b)(1) — 6 cases
Earl Cannedy, Jr. v. Darrel Adams, 706 F.3d 1148 (9th Cir. 2013).
“9 9 Furthermore, to obtain a conviction under California Penal Code section 136.1(b)(1), the government must demonstrate that the person whom the defendant attempted to dissuade was the victim of a crime.”
Messerschmidt v. Millender, 565 U.S. 535 (2012).
“, Cal. Penal Code Ann. §136.1(b)(1) (West 1999) (It is a crime to “attempt[ ] to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from .”
— Cal. Penal Code § 136.1(b)(2) — 2 cases
— Cal. Penal Code § 136.1(c) — 4 cases
— Cal. Penal Code § 136.1(c)(1) — 9 cases
Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019).
“Mairena was sentenced to five years of imprisonment: four years for the offense, plus a one-year enhancement, pursuant to California Penal Code § 12022.5(b)(1), 2 for using a weapon during the commission of the offense.”
— Cal. Penal Code § 136.1(c)(2) — 1 case
Harris v. Garcia, 734 F. Supp. 2d 973 (N.D. Cal. 2010).
“Sufficiency of Evidence Supporting Conviction for Attempting to Dissuade a Witness Petitioner next claims that there was insufficient evidence presented at trial to support his conviction for attempting to dissuade Nicholas Brayevich from testifying in furtherance of a…”
— Cal. Penal Code § 136.1(c)(4) — 1 case
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