Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
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Tex. Penal Code § 36.05 (2026)

Tampering With Witness

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Sec. 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 he coerces a witness or a 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.

(e-1) Notwithstanding Subsection (d), if the underlying official proceeding involves family violence, as defined by Section 71.004, Family Code, an offense under this section is the greater of:

(1) a felony of the third degree; or

(2) the most serious offense charged in the criminal case.

(e-2) Notwithstanding Subsections (d) and (e-1), if the underlying official proceeding involves family violence, as defined by Section 71.004, Family Code, and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence under the laws of this state or another state, an offense under this section is the greater of:

(1) a felony of the second degree; or

(2) the most serious offense charged in the criminal case.

(e-3) For purposes of Subsection (a), a person is considered to coerce a witness or prospective witness if the person commits an act of family violence as defined by Section 71.004, Family Code, that is perpetrated, in part, with the intent to cause the witness's or prospective witness's unavailability or failure to comply and the offense is punishable under Subsection (e-1) or (e-2), as applicable.

(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 721, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 770 (H.B. 1856), Sec. 1, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 165 (S.B. 1360), Sec. 1, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 165 (S.B. 1360), Sec. 2, eff. September 1, 2013.

Notes of Decisions
Cited in 73 cases (12 in the last 5 years), 1988–2025 · leading case: Nzewi v. State, 359 S.W.3d 829 (Tex. App.—Houston [14th Dist.] 2012).
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Nzewi v. State, 359 S.W.3d 829 (Tex. App.—Houston [14th Dist.] 2012). · cites it 6× “Applicable Law and Standard of Review As charged in the indictment, “[a] person commits [the offense of tampering with a witness] 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…”
Uyamadu v. State, 359 S.W.3d 753 (Tex. App.—Houston [14th Dist.] 2011). · cites it 6× “See Tex. Penal Code Ann. § 36.05 (Vernon 2011).”
Dowthitt v. State, 931 S.W.2d 244 (Tex. Crim. App. 1996). · cites it 2× “I, § 10 of the Texas constitution, and Tex. Pen.Code § 36.05. Although appellant makes a separate argument, he does not explain how the protection offered by the Texas Constitution or statutes differs from that of the United States Constitution.”
Bennett v. Reynolds, 315 S.W.3d 867 (Tex. 2010). · cites it 2× “Gotanda, The Foggy Road for Evaluating Punitive Damages: Lifting the Haze from the Gore/State Farm Guideposts, 37 U.”
Kober v. State, 988 S.W.2d 230 (Tex. Crim. App. 1999). · cites it 2× “That inference, in turn, assumes either that: (1) Cardenas would decline to testify because she feared retaliation from appellant, or (2) Cardenas would decline to testify because her statements implicating appellant in the murder were untrue.”
Arnold v. State, 68 S.W.3d 93 (Tex. App.—Dallas 2001). · cites it 2× “Tex. Pen.Code Ann. § 36.05 (Vernon Supp. 2001).”
Landers v. State, 402 S.W.3d 252 (Tex. Crim. App. 2013). “See Tex. Penal Code § 36.05. . The State does not contest that the appellant had no knowledge of the attorney pro-tem and investigative fees at the time the sentence was imposed.”
Rodolfo Morlett v. James A. Lynaugh, 851 F.2d 1521 (5th Cir. 1988). · cites it 3× “A grand jury subsequently indicted Mor-lett for tampering with a witness pursuant to Tex.Penal Code Ann. § 36.05 (Vernon 1974).”
Ed Rachal Found. v. D'UNGER, 207 S.W.3d 330 (Tex. 2006). “§ 1512 ; TEX. PENAL CODE § 36.05. Again, there was no evidence D’Unger was himself a witness or was asked to tamper with any witnesses.”
Butterfield v. State, 992 S.W.2d 448 (Tex. Crim. App. 1999). · cites it 2× “See Tex. Penal Code Ann. § 36.05 (West 1994 & Supp.”
State v. Daniel Villegas, 506 S.W.3d 717 (Tex. App.—El Paso 2016). “ref'd); see also TexPenal Code Ann. § 36.05(a)(1) (West Supp.”
Joshua Wiley Mitchell v. State, 572 S.W.3d 303 (Tex. App.—Texarkana 2019). · cites it 3× “TEX. PENAL CODE ANN. § 36.05(a) (West 2016).”
Show all 73 citing cases →
Tex. Penal Code § 36.05(a): 10 cases
Joshua Wiley Mitchell v. State, 572 S.W.3d 303 (Tex. App.—Texarkana 2019). “TEX. PENAL CODE ANN. § 36.05(a) (West 2016).”
Juan Jimenez v. State, No. 13-13-00062-CR (Tex. App.—Corpus Christi July 31, 2014).
In re Lowell Scott Gilbreath, Relator, No. 07-20-00244-CV (Tex. App.—Amarillo Feb. 8, 2021).
Stevie Lynn Taylor v. State of Texas, No. 06-22-00063-CR (Tex. App.—Texarkana Nov. 4, 2022).
Anthony Terrell Clifton v. State of Texas, No. 01-22-00641-CR (Tex. App.—Houston [1st Dist.] Aug. 24, 2023).
Tex. Penal Code § 36.05(a)(1): 7 cases
State v. Daniel Villegas, 506 S.W.3d 717 (Tex. App.—El Paso 2016). “ref'd); see also TexPenal Code Ann. § 36.05(a)(1) (West Supp.”
Joshua Wiley Mitchell v. State, 572 S.W.3d 303 (Tex. App.—Texarkana 2019). “TEX. PENAL CODE ANN. § 36.05(a) (West 2016).”
Javia Sinquize Johnson v. State, No. 01-14-00185-CR (Tex. App.—Houston [1st Dist.] Apr. 30, 2015).
Tristan Landers v. State, No. 10-11-00408-CR, 2012 WL 3799212 (Tex. App.—Waco Aug. 30, 2012).
Tommy Eli Cabello v. State of Texas, No. 13-19-00341-CR (Tex. App.—Corpus Christi–Edinburg Aug. 18, 2022).
Tex. Penal Code § 36.05(a)(2): 3 cases
Mark Edward Covington v. State, No. 06-15-00190-CR (Tex. App.—Texarkana May 25, 2016).
Mark Edward Covington v. State, No. 06-15-00191-CR (Tex. App.—Texarkana May 25, 2016).
Antonio Hopkins-Mcgee v. State, No. 01-19-00475-CR, 2020 WL 7251452 (Tex. App.—Houston [1st Dist.] Dec. 10, 2020).
Tex. Penal Code § 36.05(a)(4): 2 cases
Juan Jimenez v. State, No. 13-13-00062-CR (Tex. App.—Corpus Christi July 31, 2014).
Jason Hendershot v. State, No. 13-10-00452-CR, 2012 WL 3242018 (Tex. App.—Corpus Christi Aug. 9, 2012).
Tex. Penal Code § 36.05(a)(8): 1 case
Arnold v. State, 68 S.W.3d 93 (Tex. App.—Dallas 2001). “Tex. Pen.Code Ann. § 36.05 (Vernon Supp. 2001).”
Tex. Penal Code § 36.05(a)(l): 1 case
Christmas, Lemarcus Ashontay, No. PD-0545-15 (Tex. Crim. App. June 17, 2015).
Tex. Penal Code § 36.05(c): 1 case
Rhoades, Dustin Ryan, No. PD-1350-15 (Tex. Crim. App. Nov. 17, 2015).
Tex. Penal Code § 36.05(d): 3 cases
Tommy Eli Cabello v. State of Texas, No. 13-19-00341-CR (Tex. App.—Corpus Christi–Edinburg Aug. 18, 2022).
Ex Parte William Soloman Lewis, No. 01-21-00509-CR (Tex. App.—Houston [1st Dist.] Jan. 20, 2022).
Roy Edward Smith v. State, No. 06-13-00188-CR (Tex. App.—Texarkana June 19, 2014).
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