§ 4952. Intimidation of witnesses or victims.
(a) Offense defined.--A person commits an offense if, with the intent to or with the knowledge that his
conduct will obstruct, impede, impair, prevent or interfere with the administration
of criminal justice, he intimidates or attempts to intimidate any witness or victim
to:
(1) Refrain from informing or reporting to any law enforcement officer, prosecuting official
or judge concerning any information, document or thing relating to the commission
of a crime.
(2) Give any false or misleading information or testimony relating to the commission of
any crime to any law enforcement officer, prosecuting official or judge.
(3) Withhold any testimony, information, document or thing relating to the commission
of a crime from any law enforcement officer, prosecuting official or judge.
(4) Give any false or misleading information or testimony or refrain from giving any testimony,
information, document or thing, relating to the commission of a crime, to an attorney
representing a criminal defendant.
(5) Elude, evade or ignore any request to appear or legal process summoning him to appear
to testify or supply evidence.
(6) Absent himself from any proceeding or investigation to which he has been legally summoned.
(b) Grading.--
(1) The offense is a felony of the degree indicated in paragraphs (2) through (4) if:
(i) The actor employs force, violence or deception, or threatens to employ force or violence,
upon the witness or victim or, with the requisite intent or knowledge upon any other
person.
(ii) The actor offers any pecuniary or other benefit to the witness or victim or, with
the requisite intent or knowledge, to any other person.
(iii) The actor's conduct is in furtherance of a conspiracy to intimidate a witness or victim.
(iv) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit
to intimidate a witness or victim.
(v) The actor has suffered any prior conviction for any violation of this section or any
predecessor law hereto, or has been convicted, under any Federal statute or statute
of any other state, of an act which would be a violation of this section if committed
in this State.
(2) The offense is a felony of the first degree if a felony of the first degree or murder
in the first or second degree was charged in the case in which the actor sought to
influence or intimidate a witness or victim as specified in this subsection.
(3) The offense is a felony of the second degree if a felony of the second degree is the
most serious offense charged in the case in which the actor sought to influence or
intimidate a witness or victim as specified in this subsection.
(4) The offense is a felony of the third degree in any other case in which the actor sought
to influence or intimidate a witness or victim as specified in this subsection.
(5) Otherwise the offense is a misdemeanor of the second degree.
(Dec. 10, 2001, P.L.855, No.90, eff. 60 days)
Cross References. Section 4952 is referred to in sections 4909, 4953, 4955, 4956, 5702, 5708, 6105 of
this title; sections 5552, 5750 of Title 42 (Judiciary and Judicial Procedure); section
2303 of Title 44 (Law and Justice).
Notes of Decisions
Commonwealth v. Doughty, J., Aplt. (2015)
pa · cites it 25×
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
Com. v. Lake, M. (2022)
pasuperct · cites it 12×
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
Commonwealth v. Lynch (2013)
pasuperct · cites it 6×
“Calvin Lynch, Appellant, files this appeal from the judgment of sentence of six to twelve years’ incarceration for intimidation of a witness or victim, 18 Pa.C.S. § 4952. Appellant contends that the evidence was either insufficient to prove intimidation as contemplated by the…”
Commonwealth v. Beasley (2016)
pasuperct · cites it 2×
“18 Pa.C.S. § 4952. Further, we observe: [A]ctual intimidation of a witness is not an essential element of the crime.”
Commonwealth v. Von Evans (2017)
pasuperct · cites it 3×
“Doughty includes within the bounds of 18 Pa.C.S. § 4952 intimidation those ostensible offers of benefit that implicitly intimidate under the circumstances.”
Commonwealth v. Rega (2007)
pa
“§ 4909 ("A person commits a felony 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 section 4952(a)(1) through (6) (relating to intimidation of witnesses or victims)) and 18 Pa.C.S. § 4952(a)…”
Commonwealth v. Brachbill (1989)
pa · cites it 3×
“Musser was convicted of the offenses of Intimidation of Witnesses or Victims, 18 Pa.C.S. § 4952, and Criminal Conspiracy, 18 Pa.”
Commonwealth v. Hann (2013)
pa · cites it 2×
“The defendant must neither do, nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18…”
Commonwealth v. Hewlett (2018)
pasuperct
“There is no doubt that witness intimidation is a serious crime, 18 Pa.C.S. § 4952. If the judge believed that McCall was committing that crime, he should have referred the matter to the proper personnel.”
Motheral v. Burkhart (1990)
pa · cites it 2×
“§ 2709, and intimidation of a witness, 18 Pa.C.S. § 4952. At a preliminary hearing, the magistrate dropped the charges of simple assault and intimidation of a witness.”
— 18 Pa. Cons. Stat. § 4952(a) — 23 cases
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
Commonwealth v. Rega (2007)
pa
“§ 4909 ("A person commits a felony 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 section 4952(a)(1) through (6) (relating to intimidation of witnesses or victims)) and 18 Pa.C.S. § 4952(a)…”
— 18 Pa. Cons. Stat. § 4952(a)(1) — 29 cases
Com. v. Lake, M. (2022)
pasuperct
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
Commonwealth v. Beasley (2016)
pasuperct
“18 Pa.C.S. § 4952. Further, we observe: [A]ctual intimidation of a witness is not an essential element of the crime.”
— 18 Pa. Cons. Stat. § 4952(a)(2) — 12 cases
— 18 Pa. Cons. Stat. § 4952(a)(3) — 15 cases
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
Commonwealth v. Lynch (2013)
pasuperct
“Calvin Lynch, Appellant, files this appeal from the judgment of sentence of six to twelve years’ incarceration for intimidation of a witness or victim, 18 Pa.C.S. § 4952. Appellant contends that the evidence was either insufficient to prove intimidation as contemplated by the…”
— 18 Pa. Cons. Stat. § 4952(a)(4) — 1 case
— 18 Pa. Cons. Stat. § 4952(a)(5) — 2 cases
— 18 Pa. Cons. Stat. § 4952(a)(6) — 3 cases
Commonwealth v. Von Evans (2017)
pasuperct
“Doughty includes within the bounds of 18 Pa.C.S. § 4952 intimidation those ostensible offers of benefit that implicitly intimidate under the circumstances.”
— 18 Pa. Cons. Stat. § 4952(a)(8) — 1 case
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
— 18 Pa. Cons. Stat. § 4952(a)(l) — 2 cases
— 18 Pa. Cons. Stat. § 4952(b) — 3 cases
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
— 18 Pa. Cons. Stat. § 4952(b)(1) — 3 cases
Com. v. Lake, M. (2022)
pasuperct
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
— 18 Pa. Cons. Stat. § 4952(b)(1)(i) — 3 cases
— 18 Pa. Cons. Stat. § 4952(b)(1)(ii) — 1 case
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
— 18 Pa. Cons. Stat. § 4952(b)(2) — 7 cases
Com. v. Lake, M. (2022)
pasuperct
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
— 18 Pa. Cons. Stat. § 4952(b)(3) — 2 cases
Com. v. Lake, M. (2022)
pasuperct
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
— 18 Pa. Cons. Stat. § 4952(b)(4) — 5 cases
Com. v. Lake, M. (2022)
pasuperct
“____________________________________________ 1 18 Pa.C.S. §§ 4952(a)(1), 2706(a)(1), 2701(a)(1), and 2705, respectively.”
— 18 Pa. Cons. Stat. § 4952(b)(5) — 3 cases
— 18 Pa. Cons. Stat. § 4952(b)(i) — 1 case
— 18 Pa. Cons. Stat. § 4952(b)(l)(ii) — 1 case
Commonwealth v. Doughty, J., Aplt. (2015)
pa
“JUSTICE EAKIN DECIDED: November 18, 2015 Appellant appeals the decision of the Superior Court affirming his conviction under 18 Pa.C.S. § 4952 for intimidation of a witness, requesting we overrule or clarify Commonwealth v.”
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