PC §406(A) - DISSUADING A VICTIM

CLASS D MISDEMEANOR

Section 1: Definitions

  1. Dissuading a Victim: The act of unlawfully attempting to prevent a person from reporting a crime, participating in a legal proceeding, or cooperating with law enforcement by using threats, intimidation, coercion, or other undue influence.

  2. Victim: Any person who has suffered harm, loss, or injury as a result of a crime, or any person who is a witness or potential witness to a crime.

  3. Undue Influence: Any form of manipulation, pressure, or coercion used to alter a person's actions or decisions in a way that is intended to benefit the perpetrator or hinder justice.

Section 2: Offenses

  1. Threats of Violence or Harm:

    • It shall be unlawful for any person to threaten violence or harm against a victim or potential witness with the intent to dissuade them from reporting a crime or participating in a legal proceeding.

  2. Intimidation and Coercion:

    • It shall be unlawful for any person to use intimidation, coercion, or undue influence to prevent a victim or witness from cooperating with law enforcement or participating in legal proceedings.

  3. Bribery and Financial Incentives:

    • It shall be unlawful for any person to offer or promise money, gifts, or other financial incentives to a victim or witness with the intent to dissuade them from participating in a legal proceeding or cooperating with law enforcement.

  4. False Statements and Misrepresentation:

    • It shall be unlawful for any person to make false statements or misrepresentations to a victim or witness with the intent to dissuade them from reporting a crime or participating in a legal proceeding.

Section 3: Exceptions

  1. Lawful Communication:

    • This code shall not apply to individuals engaging in lawful communication or negotiation with a victim or witness that does not involve threats, coercion, or undue influence.

  2. Legal Counsel:

    • This code shall not apply to legal counsel providing advice or representation to a client in accordance with professional standards and legal ethics.

  3. Emergency Situations:

    • This code shall not apply to actions taken in good faith during emergency situations where immediate intervention is required to prevent harm or provide aid, provided that the actions do not involve threats or coercion.

JAIL TIME

40 SECONDS OF JAIL TIME.

BOND SET

$4,000.00

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