California, United States of America
The following excerpt is from The People v. Canul, B215138, Super. Ct. No. BA312167 (Cal. App. 2010):
It is a crime to knowingly and maliciously "attempt[] to prevent or dissuade another person... who is witness to a crime from doing any of the following.... [] (2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof." ( 136.1, subd. (b)(2).) "'Malice' means an intent to vex, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice." ( 136, subd. (1).) The crime requires proof that "the defendant specifically intended to dissuade a witness from testifying." (People v. Young (2005) 34 Cal.4th 1149, 1210.) Because the focus is on the defendant's actions and intent, "[t]he fact that no person was... in fact intimidated, shall be no defense against any prosecution under this section." ( 136.1, subd. (d).)
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