California, United States of America
The following excerpt is from People v. Morales, F066830 (Cal. App. 2016):
intimidating a witness requires proof that the defendant specifically intended to dissuade a witness from testifying. [Citations.]" (People v. Young (2005) 34 Cal.4th 1149, 1210.) "'Unless the defendant's acts or statements are intended to affect or influence a potential witness's or victim's testimony or acts, no crime has been committed under [section 136.1].' [Citation.]" (People v. Wahidi (2013) 222 Cal.App.4th 802, 806.) Because intent "is inherently difficult to prove by direct evidence" (People v. Proctor (1959) 169 Cal.App.2d 269, 279), "[t]he circumstances in which the defendant's statement is made, not just the statement itself, must be considered to determine whether the statement constitutes an attempt to dissuade a witness from testifying. [Citation.] If the defendant's actions or statements are ambiguous, but reasonably may be interpreted as intending to achieve the future consequence of dissuading the witness from testifying, the offense has been committed. [Citation.]" (People v. Wahidi, supra, at p. 806.)
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