What is the test for a defendant to be found guilty of a charge of dissuading a witness from giving evidence at trial?

California, United States of America


The following excerpt is from People v. Harris, C051904 (Cal. App. 10/1/2007), C051904 (Cal. App. 2007):

The crime in part applies to a defendant who "[k]nowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law." (Pen. Code, 136.1, subd. (a)(2).) The People must prove "the defendant had the specific intent to dissuade a witness from testifying." (People v. Young (2005) 34 Cal.4th 1149, 1211.)

As defendant concedes, "There is, of course, no talismanic requirement that a defendant must say `Don't testify' or words tantamount thereto, in order to commit the charged offenses." (People v. Thomas (1978) 83 Cal.App.3d 511, 514.)

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