Can an individual be charged with attempting to dissuade a crime victim from making a complaint or information to be sought and prosecuted?
California, United States of America
The following excerpt is from People v. Brewster, B284386 (Cal. App. 2018):
Section 136.1, subdivision (b)(2) prohibits attempting to dissuade a crime victim from causing a complaint or information to be "sought and prosecuted, and assisting in the prosecution thereof." The crime requires specific intent. (People v. Young (2005) 34 Cal.4th 1149, 1210.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 654 of the California Criminal Code apply where the prosecution failed to charge one of the crimes at the outset, but then subsequently prosecuted on the subsequent charge of possessing a .22 handgun? (California, United States of America)
Can a police officer investigating an individual who is not currently charged with certain crimes obtain evidence of new or anticipated crimes from that individual? (California, United States of America)
Is discovered a crime discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime? (California, United States of America)
When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Can a defendant who makes a threat to kill a witness or crime victim under section 139, subd. 139, make a specific intent crime? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
What is the test for a charge of dissuading a victim of sexual assault from making a report to police? (California, United States of America)
In what circumstances will a court allow a defendant to plead not guilty to a charge of attempted murder where the accused has admitted making threats against the victim? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
