Tampering with Witness

Chapter 36 of the Texas Penal Code defines bribery and corrupt influence offenses.

“Tampering with Witness”, as per § 36.05 of the Texas Penal Code, occurs when a person, 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:

to testify falsely;
to withhold any testimony, information, document, or thing;
to elude legal process summoning him to testify or supply evidence;
to absent himself from an official proceeding to which he has been legally summoned; or
to abstain from, discontinue, or delay the prosecution of another.

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.

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 a felony of the second degree; or the most serious offense charged in the criminal case.

An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if:

the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or
the actor's conduct results in the bodily injury of a public servant or a member of a public servant's family or household.

Punishment Range

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

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