It is noteworthy what is not included in the statute: the threat does not have to successfully coerce the person into not appearing or testifying, as just the act itself forms the basis for violation of the statute. To be found guilty of this offense, a person must do something that tries to or actually does intimidate a person who is called to court in North Carolina or is a witness to a case. Intimidating or interfering with a witness is a Class G felony punishable by a maximum sentence of 25-39 months in the Department of Adult Corrections. Under North Carolina law, there is a possibility that a few things have occurred.
The person that committed the carjacking is released from jail they know who you are, and as you are walking out after court they approach you and say to you the above statements.
When the police arrive, you give them the information that you witnessed, and three months later you get a subpoena to appear and testify in court. You are able to take out your phone, take a picture of the perpetrator, and call 911. As you are unpacking your groceries, you are the sole witness to a carjacking. Imagine the following situation: it is late at night, and you are leaving the grocery store to a mostly deserted parking lot. “If you testify against me, I’ll kill you and your family.” Effective January 1, 1998.“If I see you in court, you’ll be sorry.” (f) The use of force during the commission of any 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. (e) Nothing in this section precludes the imposition of an enhancement for great bodily injury where the injury inflicted is significant or substantial. The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section. (d) Every person attempting the commission of any act described in subdivisions (a), (b), and (c) is guilty of the offense attempted without regard to success or failure of theĪttempt. All parties to such a transaction are guilty of a felony. (4) Where the act is committed by any person for pecuniary gain or for any other consideration acting upon the request of any other person. (3) Where the act is committed by any person who has been convicted of any violation of this section, any predecessor law hereto or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation of this section. (2) Where the act is in furtherance of a conspiracy. Property of any victim, witness, or any third person. (1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the (c) Every 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: (3) Arresting or causing or seeking the arrest of any person in connection with that victimization. (2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof. (1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole orĬorrectional officer or prosecuting agency or to any judge. (b) Except as provided in subdivision (c), every 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:
(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. (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.Īttempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (a) Except as provided in subdivision (c), any 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:
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