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 (See People v. Pacheco UNPUBLISHED (H008735).)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.)