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Return to CALJIC Part 5-8 – Contents

F 7.14 n1  Witness Intimidation: Specific Intent To Affect Testimony (PC 136.1).

(See FORECITE F 16.505 n1.)

For additional entries relating to witness intimidation, see FORECITE F 7.15 and F 7.16.


F 7.14 n2  Intimidation Of Witness (PC 136.1): Whether Force Or Fear Is Required.

People v. McElroy (2005) 126 CA4th 874 held that dissuading a victim from reporting a crime (PC 136.1(b)(1)) does not require that the defendant use “force or fear” to constitute a felony conviction. (But see People v. Ortiz (2002) 101 CA4th 410, 416 [the court erred in failing to instruct jury on the force element]; compare People v. Brenner (92) 5 CA4th 335,  340-41 [sua sponte duty to instruct on lesser included offense of “misdemeanor intimidation” under PC 136.1(b)(1) when the defendant is charged with a felony violation of PC 136.1(c)(1).) Brenner applied to pre-1998 version of PC 136.1.

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