§710-1071  Intimidating a witness.  (1) 
A person commits the offense of intimidating a witness if he uses force upon or
a threat directed to a witness or a person he believes is about to be called as
a witness in any official proceeding, with intent to:



(a) Influence the testimony of that person;



(b) Induce that person to avoid legal process
summoning him to testify; or



(c) Induce that person to absent himself from an
official proceeding to which he has been legally summoned.



(2)  "Threat" as used in this section
means any threat proscribed by section 707-764(1).



(3)  Intimidating a witness is a class C
felony. [L 1972, c 9, pt of §1; am L 1980, c 267, §2]



 



COMMENTARY ON §710-1071



 



  The potential for harm involved in witness intimidation is
essentially similar to that involved in the offense of bribery of a witness,
e.g., the undermining of the integrity of an extremely important part of the
judicial process.  The definition of the offense also parallels that of bribery
of a witness, and the sanctions are identical.  Note, however, that only the
person who directs the force or threat against the witness is guilty of a
crime.  "Threat," as used in this section is any threat proscribed by
the offense of criminal coercion under §707-724.  To some extent, it would seem
that the section on criminal coercion might suffice to deal with witness
intimidation, but since the intimidation of a witness carries the additional
harm of interfering with an official proceeding, it seems appropriate to impose
a more severe sanction for the present offense.



  Previous Hawaii law had no provisions dealing specifically
with the offense of witness intimidation.



 



Case Notes



 



  Terroristic threatening not a lesser included offense of
intimidating a witness within the meaning of §701-109(4)(a); multiple
conviction of terroristic threatening and intimidating a witness not barred by
§701-109(4)(c).  75 H. 517, 865 P.2d 157.



  Sufficient evidence that defendant directed threats to person
whom defendant believed was about to be called as a witness where defendant
phoned person soon after explicit warning from police officer that such conduct
could be inferred as intimidating a witness.  82 H. 419 (App.), 922 P.2d 1032.



  Sufficient evidence that defendant intended to influence
person's testimony by making threatening statements during phone call.  82 H.
419 (App.), 922 P.2d 1032.