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Return to CALJIC Part 14-17 – Contents

F 16.505 n1  Witness Intimidation:  Specific Intent To Affect Testimony (PC 136.1). 

A violation of PC 136.1 requires proof of a specific intent to affect a potential witness’ testimony.  (See People v. Lyons (91) 235 CA3d 1456, 1460 [1 CR2d 763] [requirement of specific intent to prevent witness from testifying]; People v. Ford (83) 145 CA3d 985, 989 [193 CR 684].)  Therefore, the jury should be instructed that the prosecution must prove the defendant had the specific intent to affect the testimony of a potential witness.


F 16.505 n2  Witness Intimidation:  Battery As Lesser Offense (PC 136.1).

Battery (PC 242) is a lesser offense of witness intimidation (PC 136.1).  If the information alleges that the witness intimidation was accomplished by force, then the battery is a necessarily included lesser offense.  If the information charges that the intimidation was accomplished by a threat of force, then the battery is a lesser related offense.  (See People v. Pacheco UNPUBLISHED (H008735).)  [The opinion and briefing in Pacheco are available to FORECITE subscribers.  Ask for Opinion Bank # O-160 and Brief Bank # B-602.]


F 16.505 n3  Witness Intimidation: Attempt To Dissuade Witness From Making A “Report” Not Proven By Attempt To Influence “Testimony” (PC 136.1).

(See FORECITE F 7.16 n3.)

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