12.1-09 Tampering and Unlawful Influence
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<![CDATA[CHAPTER 12.1-09TAMPERING AND UNLAWFUL INFLUENCE12.1-09-01. Tampering with witnesses and informants in proceedings.1.A person is guilty of a class C felony if he uses force, threat, deception, or bribery:a.With intent to influence another's testimony in an official proceeding; orb.With intent to induce or otherwise cause another:(1)To withhold any testimony, information, document, or thing from an<br>official proceeding, whether or not the other person would be legally<br>privileged to do so;(2)To violate section 12.1-09-03;(3)To elude legal process summoning him to testify in an official<br>proceeding; or(4)To absent himself from an official proceeding to which he has been<br>summoned.2.A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from<br>another a thing of pecuniary value as consideration for:a.Influencing the actor's testimony in an official proceeding; orb.The actor's engaging in the conduct described in paragraphs 1 through 4 of<br>subdivision b of subsection 1.3.a.It is a defense to a prosecution under this section for use of threat with intent to<br>influence another's testimony that the threat was not of unlawful harm and was<br>used solely to influence the other to testify truthfully.b.In a prosecution under this section based on bribery, it shall be an affirmative<br>defense that any consideration for a person's refraining from instigating or<br>pressing the prosecution of an offense was to be limited to restitution or<br>indemnification for harm caused by the offense.c.It is no defense to a prosecution under this section that an official proceeding<br>was not pending or about to be instituted.4.This section shall not be construed to prohibit the payment or receipt of witness fees<br>provided by statute, or the payment, by the party upon whose behalf a witness is<br>called, and receipt by a witness, of the reasonable cost of travel and subsistence<br>incurred and the reasonable value of time spent in attendance at an official<br>proceeding, or in the case of expert witnesses, a reasonable fee for preparing and<br>presenting an expert opinion.12.1-09-02. Tampering with informants in criminal investigations. A person is guiltyof a class C felony if, believing another may have information relating to an offense, he deceives<br>such other person or employs force, threat, or bribery with intent to hinder, delay, or prevent<br>communication of such information to a law enforcement officer. The affirmative defense in<br>subdivision b of subsection 3 of section 12.1-09-01 applies to this section.12.1-09-03. Tampering with physical evidence.Page No. 11.A person is guilty of an offense if, believing an official proceeding is pending or about<br>to be instituted, or believing process, demand, or order has been issued or is about<br>to be issued, he alters, destroys, mutilates, conceals, or removes a record,<br>document, or thing with intent to impair its verity or availability in such official<br>proceeding or for the purposes of such process, demand, or order.2.The offense is a class C felony if the actor substantially obstructs, impairs, or<br>perverts prosecution for a felony. Otherwise it is a class A misdemeanor.3.In this section, "process, demand, or order" means process, demand, or order<br>authorized by law for the seizure, production, copying, discovery, or examination of a<br>record, document, or thing.12.1-09-04. Harassment of and communication with jurors.1.A person is guilty of a class A misdemeanor if, with intent to influence the official<br>action of another as juror, that person communicates directly or indirectly with the<br>juror, other than as part of the proceedings in a case, or harasses or alarms the<br>juror. A person is guilty of a class A misdemeanor if, with the intent to harass or<br>annoy a former juror because of the verdict returned by the jury or the participation<br>of the juror in the verdict, that person communicates directly or indirectly with the<br>juror in a manner that intimidates the juror or conveys a threat of injury or damage to<br>the juror's property or person. Conduct directed against the juror's spouse or other<br>relative residing in the same household with the juror shall be deemed conduct<br>directed against the juror.2.In this section, "juror" means a grand juror or a petit juror and includes a person who<br>has been drawn or summoned to attend as a prospective juror, and any referee,<br>arbitrator, umpire, or assessor authorized by law to hear and determine any<br>controversy.12.1-09-05. Eavesdropping on jury deliberations.1.A person is guilty of a class A misdemeanor if he intentionally:a.Records the proceedings of a jury while such jury is deliberating or voting; orb.Listens to or observes the proceedings of any jury of which he is not a member<br>while such jury is deliberating or voting.2.This section shall not apply to the taking of notes by a juror in connection with and<br>solely for the purpose of assisting him in the performance of his official duties. Nor<br>does this section apply to a person studying the jury process in the manner provided<br>by statute, and under the control and supervision of the court. Inapplicability under<br>this subsection is a defense.3.In this section, "jury" means grand jury or petit jury, and "juror" means grand juror or<br>petit juror.12.1-09-06. Nondisclosure of retainer in criminal matter.1.A person employed for compensation to influence the official action of a public<br>servant with respect to:a.The initiation, conduct, or dismissal of a prosecution;b.The imposition or modification of a sentence; orPage No. 2c.The granting of parole or probation is guilty of a class A misdemeanor if he<br>privately addresses to such public servant any representation, entreaty,<br>argument, or other communication intended to influence official action without<br>disclosing the fact of such employment, knowing that the public servant is<br>unaware of it.2.This section does not apply to an attorney at law or to a person authorized by statute<br>or regulation to act in a representative capacity with respect to the official action<br>when he is acting in such capacity and makes known to the public servant or has<br>indicated in any manner authorized by law that he is acting in such capacity.<br>Inapplicability under this subsection is a defense.Page No. 3Document Outlinechapter 12.1-09 tampering and unlawful influence]]>