§ 1512. — Tampering with a witness, victim, or an informant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1512]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 73--OBSTRUCTION OF JUSTICE
Sec. 1512. Tampering with a witness, victim, or an informant
(a)(1) Whoever kills or attempts to kill another person, with intent
to--
(A) prevent the attendance or testimony of any person in an
official proceeding;
(B) prevent the production of a record, document, or other
object, in an official proceeding; or
(C) prevent the communication by any person to a law enforcement
officer or judge of the United States of information relating to the
commission or possible commission of a Federal offense or a
violation of conditions of probation, parole, or release pending
judicial proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat of physical force
against any person, or attempts to do so, with intent to--
(A) influence, delay, or prevent the testimony of any person in
an official proceeding;
(B) cause or induce any person to--
(i) withhold testimony, or withhold a record, document, or
other object, from an official proceeding;
(ii) alter, destroy, mutilate, or conceal an object with
intent to impair the integrity or availability of the object for
use in an official proceeding;
(iii) evade legal process summoning that person to appear as
a witness, or to produce a record, document, or other object, in
an official proceeding; or
(iv) be absent from an official proceeding to which that
person has been summoned by legal process; or
(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, supervised
release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3) The punishment for an offense under this subsection is--
(A) in the case of murder (as defined in section 1111), the
death penalty or imprisonment for life, and in the case of any other
killing, the punishment provided in section 1112;
(B) in the case of--
(i) an attempt to murder; or
(ii) the use or attempted use of physical force against any
person;
imprisonment for not more than 20 years; and
(C) in the case of the threat of use of physical force against
any person, imprisonment for not more than 10 years.
(b) Whoever knowingly uses intimidation, threatens, or corruptly
persuades another person, or attempts to do so, or engages in misleading
conduct toward another person, with intent to--
(1) influence, delay, or prevent the testimony of any person in
an official proceeding;
(2) cause or induce any person to--
(A) withhold testimony, or withhold a record, document, or
other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with
intent to impair the object's integrity or availability for use
in an official proceeding;
(C) evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object, in
an official proceeding; or
(D) be absent from an official proceeding to which such
person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation \1\ supervised
release,,\1\ parole, or release pending judicial proceedings;
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\1\ So in original.
shall be fined under this title or imprisoned not more than ten years,
or both.
(c) Whoever corruptly--
(1) alters, destroys, mutilates, or conceals a record, document,
or other object, or attempts to do so, with the intent to impair the
object's integrity or availability for use in an official
proceeding; or
(2) otherwise obstructs, influences, or impedes any official
proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or
both.
(d) Whoever intentionally harasses another person and thereby
hinders, delays, prevents, or dissuades any person from--
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the
United States the commission or possible commission of a Federal
offense or a violation of conditions of probation \1\ supervised
release,,\1\ parole, or release pending judicial proceedings;
(3) arresting or seeking the arrest of another person in
connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation
revocation proceeding, to be sought or instituted, or assisting in
such prosecution or proceeding;
or attempts to do so, shall be fined under this title or imprisoned not
more than one year, or both.
(e) In a prosecution for an offense under this section, it is an
affirmative defense, as to which the defendant has the burden of proof
by a preponderance of the evidence, that the conduct consisted solely of
lawful conduct and that the defendant's sole intention was to encourage,
induce, or cause the other person to testify truthfully.
(f) For the purposes of this section--
(1) an official proceeding need not be pending or about to be
instituted at the time of the offense; and
(2) the testimony, or the record, document, or other object need
not be admissible in evidence or free of a claim of privilege.
(g) In a prosecution for an offense under this section, no state of
mind need be proved with respect to the circumstance--
(1) that the official proceeding before a judge, court,
magistrate judge, grand jury, or government agency is before a judge
or court of the United States, a United States magistrate judge, a
bankruptcy judge, a Federal grand jury, or a Federal Government
agency; or
(2) that the judge is a judge of the United States or that the
law enforcement officer is an officer or employee of the Federal
Government or a person authorized to act for or on behalf of the
Federal Government or serving the Federal Government as an adviser
or consultant.
(h) There is extraterritorial Federal jurisdiction over an offense
under this section.
(i) A prosecution under this section or section 1503 may be brought
in the district in which the official proceeding (whether or not pending
or about to be instituted) was intended to be affected or in the
district in which the conduct constituting the alleged offense occurred.
(j) If the offense under this section occurs in connection with a
trial of a criminal case, the maximum term of imprisonment which may be
imposed for the offense shall be the higher of that otherwise provided
by law or the maximum term that could have been imposed for any offense
charged in such case.
(k) Whoever conspires to commit any offense under this section shall
be subject to the same penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1249; amended
Pub. L. 99-646, Sec. 61, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690,
title VII, Sec. 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397, 4398; Pub.
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
103-322, title VI, Sec. 60018, title XXXIII, Sec. 330016(1)(O), (U),
Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104-214, Sec. 1(2), Oct.
1, 1996, 110 Stat. 3017; Pub. L. 104-294, title VI, Sec. 604(b)(31),
Oct. 11, 1996, 110 Stat. 3508; Pub. L. 107-204, title XI, Sec. 1102,
July 30, 2002, 116 Stat. 807; Pub. L. 107-273, div. B, title III,
Sec. 3001(a), (c)(1), Nov. 2, 2002, 116 Stat. 1803, 1804.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-273, Sec. 3001(a)(1)(A),
substituted ``as provided in paragraph (3)'' for ``as provided in
paragraph (2)'' in concluding provisions.
Subsec. (a)(2). Pub. L. 107-273, Sec. 3001(a)(1)(C), added par. (2).
Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 107-273, Sec. 3001(a)(1)(B), (D),
redesignated par. (2) as (3), added subpars. (B) and (C), and struck out
former subpar. (B) which read as follows: ``(B) in the case of an
attempt, imprisonment for not more than twenty years.''
Subsec. (b). Pub. L. 107-273, Sec. 3001(a)(2), struck out ``or
physical force'' after ``intimidation'' in introductory provisions.
Subsec. (b)(3). Pub. L. 107-273, Sec. 3001(c)(1), inserted
``supervised release,'' after ``probation''.
Subsec. (c). Pub. L. 107-204 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 107-204 redesignated former subsec. (c) as (d).
Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 107-273, Sec. 3001(c)(1), inserted
``supervised release,'' after ``probation''.
Subsecs. (e) to (j). Pub. L. 107-204 redesignated former subsecs.
(d) to (i) as (e) to (j), respectively.
Subsec. (k). Pub. L. 107-273, Sec. 3001(a)(3), added subsec. (k).
1996--Subsec. (a)(2)(A). Pub. L. 104-294 inserted ``and'' after
semicolon at end.
Subsec. (i). Pub. L. 104-214 added subsec. (i).
1994--Subsec. (a)(2)(A). Pub. L. 103-322, Sec. 60018, amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``(A) in the case of a killing, the punishment provided in sections 1111
and 1112 of this title; and''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted ``fined
under this title'' for ``fined not more than $250,000'' in concluding
provisions.
Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(O), substituted ``fined
under this title'' for ``fined not more than $25,000'' in concluding
provisions.
1988--Subsec. (b). Pub. L. 100-690, Sec. 7029(c), substituted
``threatens, or corruptly persuades'' for ``or threatens''.
Subsec. (h). Pub. L. 100-690, Sec. 7029(a), added subsec. (h).
1986--Subsec. (a). Pub. L. 99-646, Sec. 61(2), (3), added subsec.
(a) and redesignated former subsec. (a) as (b).
Subsecs. (b) to (g). Pub. L. 99-646, Sec. 61(1), (3), redesignated
former subsec. (a) as (b), inserted ``, delay, or prevent'', and
redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
Change of Name
Words ``magistrate judge'' and ``United States magistrate judge''
substituted for ``magistrate'' and ``United States magistrate'',
respectively, in subsec. (f)(1) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date
Section 9 of Pub. L. 97-291 provided that:
``(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [enacting this section and sections 1513 to
1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510,
and 3146 of this title and Rule 32 of the Federal Rules of Criminal
Procedure, and enacting provisions set out as notes under this section
and sections 1501 and 3579 of this title] shall take effect on the date
of the enactment of this Act [Oct. 12, 1982].
``(b)(1) The amendment made by section 2 of this Act [enacting
provisions set out as a note under this section] shall apply to
presentence reports ordered to be made on or after March 1, 1983.
``(2) The amendments made by section 5 of this Act [enacting
sections 3579 and 3580 of this title] shall apply with respect to
offenses occurring on or after January 1, 1983.''
Congressional Findings and Declaration of Purposes
Section 2 of Pub. L. 97-291 provided that:
``(a) The Congress finds and declares that:
``(1) Without the cooperation of victims and witnesses, the
criminal justice system would cease to function; yet with few
exceptions these individuals are either ignored by the criminal
justice system or simply used as tools to identify and punish
offenders.
``(2) All too often the victim of a serious crime is forced to
suffer physical, psychological, or financial hardship first as a
result of the criminal act and then as a result of contact with a
criminal justice system unresponsive to the real needs of such
victim.
``(3) Although the majority of serious crimes falls under the
jurisdiction of State and local law enforcement agencies, the
Federal Government, and in particular the Attorney General, has an
important leadership role to assume in ensuring that victims of
crime, whether at the Federal, State, or local level, are given
proper treatment by agencies administering the criminal justice
system.
``(4) Under current law, law enforcement agencies must have
cooperation from a victim of crime and yet neither the agencies nor
the legal system can offer adequate protection or assistance when
the victim, as a result of such cooperation, is threatened or
intimidated.
``(5) While the defendant is provided with counsel who can
explain both the criminal justice process and the rights of the
defendant, the victim or witness has no counterpart and is usually
not even notified when the defendant is released on bail, the case
is dismissed, a plea to a lesser charge is accepted, or a court date
is changed.
``(6) The victim and witness who cooperate with the prosecutor
often find that the transportation, parking facilities, and child
care services at the court are unsatisfactory and they must often
share the pretrial waiting room with the defendant or his family and
friends.
``(7) The victim may lose valuable property to a criminal only
to lose it again for long periods of time to Federal law enforcement
officials, until the trial and sometimes and [sic] appeals are over;
many times that property is damaged or lost, which is particularly
stressful for the elderly or poor.
``(b) The Congress declares that the purposes of this Act [see Short
Title of 1982 Amendment note set out under section 1501 of this title]
are--
``(1) to enhance and protect the necessary role of crime victims
and witnesses in the criminal justice process;
``(2) to ensure that the Federal Government does all that is
possible within limits of available resources to assist victims and
witnesses of crime without infringing on the constitutional rights
of the defendant; and
``(3) to provide a model for legislation for State and local
governments.''
Federal Guidelines for Treatment of Crime Victims and Witnesses in the
Criminal Justice System
Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title II,
Sec. 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that:
``(a) Within two hundred and seventy days after the date of
enactment of this Act [Oct. 12, 1982], the Attorney General shall
develop and implement guidelines for the Department of Justice
consistent with the purposes of this Act [see Short Title of 1982
Amendment note set out under section 1501 of this title]. In preparing
the guidelines the Attorney General shall consider the following
objectives:
``(1) Services to victims of crime.--Law enforcement personnel
should ensure that victims routinely receive emergency social and
medical services as soon as possible and are given information on
the following--
``(A) availability of crime victim compensation (where
applicable);
``(B) community-based victim treatment programs;
``(C) the role of the victim in the criminal justice
process, including what they can expect from the system as well
as what the system expects from them; and
``(D) stages in the criminal justice process of significance
to a crime victim, and the manner in which information about
such stages can be obtained.
``(2) Notification of availability of protection.--A victim or
witness should routinely receive information on steps that law
enforcement officers and attorneys for the Government can take to
protect victims and witnesses from intimidation.
``(3) Scheduling changes.--All victims and witnesses who have
been scheduled to attend criminal justice proceedings should either
be notified as soon as possible of any scheduling changes which will
affect their appearances or have available a system for alerting
witnesses promptly by telephone or otherwise.
``(4) Prompt notification to victims of serious crimes.--
Victims, witnesses, relatives of those victims and witnesses who are
minors, and relatives of homicide victims should, if such persons
provide the appropriate official with a current address and
telephone number, receive prompt advance notification, if possible,
of--
``(A) the arrest of an accused;
``(B) the initial appearance of an accused before a judicial
officer;
``(C) the release of the accused pending judicial
proceedings; and
``(D) proceedings in the prosecution and punishment of the
accused (including entry of a plea of guilty, trial, sentencing,
and, where a term of imprisonment is imposed, a hearing to
determine a parole release date and the release of the accused
from such imprisonment).
``(5) Consultation with victim.--The victim of a serious crime,
or in the case of a minor child or a homicide, the family of the
victim, should be consulted by the attorney for the Government in
order to obtain the views of the victim or family about the
disposition of any Federal criminal case brought as a result of such
crime, including the views of the victim or family about--
``(A) dismissal;
``(B) release of the accused pending judicial proceedings;
``(C) plea negotiations; and
``(D) pretrial diversion program.
``(6) Separate waiting area.--Victims and other prosecution
witnesses should be provided prior to court appearance a waiting
area that is separate from all other witnesses.
``(7) Property return.--Law enforcement agencies and prosecutor
should promptly return victim's property held for evidentiary
purposes unless there is a compelling law enforcement reason for
retaining it.
``(8) Notification to employer.--A victim or witness who so
requests should be assisted by law enforcement agencies and
attorneys for the Government in informing employers that the need
for victim and witness cooperation in the prosecution of the case
may necessitate absence of that victim or witness from work. A
victim or witness who, as a direct result of a crime or of
cooperation with law enforcement agencies or attorneys for the
Government, is subjected to serious financial strain, should be
assisted by such agencies and attorneys in explaining to creditors
the reason for such serious financial strain.
``(9) Training by federal law enforcement training facilities.--
Victim assistance education and training should be offered to
persons taking courses at Federal law enforcement training
facilities and attorneys for the Government so that victims may be
promptly, properly, and completely assisted.
``(10) General victim assistance.--The guidelines should also
ensure that any other important assistance to victims and witnesses,
such as the adoption of transportation, parking, and translator
services for victims in court be provided.
``(b) Nothing in this title shall be construed as creating a cause
of action against the United States.
``(c) The Attorney General shall assure that all Federal law
enforcement agencies outside of the Department of Justice adopt
guidelines consistent with subsection (a) of this section.''
[Amendment of section 6 of Pub. L. 97-291 by Pub. L. 98-473, set out
above, effective 30 days after Oct. 12, 1984, see section 1409(a) of
Pub. L. 98-473, set out as an Effective Date note under section 10601 of
Title 42, The Public Health and Welfare.]
Section Referred to in Other Sections
This section is referred to in sections 1514, 1515, 1961, 2516, 3142
of this title.
