Jury, Witness, Victim, and Evidence Tampering
Pro se defendants must be careful not to engage in jury, witness, or victim tampering, either directly or through another person.
Jury Tampering
Jury tampering can occur when you or someone acting on your behalf does all of the following against a juror member or their family:
- Makes threats of physical force or
- Actually uses physical force
- To influence the juror’s decision or to retaliate for the decision
This includes making threats to a juror’s property, pet, or livestock. Jury tampering is punishable by up to one (1) year in jail and a $5,000 fine, plus possible restitution.
Jury tampering also occurs when you or someone acting on your behalf does all of the following:
- Knowingly contacts a juror
- Outside of the official proceedings
- In order to influence the juror’s decision
This includes contact on social media and gaming platforms. Improper communication can lead to six (6) months in jail and a $2,500 fine.
Anyone who conspires to commit jury tampering or assists in jury tampering faces the same penalties as the actual offender.
Witness and Victim Tampering
Witness and victim tampering happens when you or someone acting on your behalf does all of the following against someone who is either a witness or victim:
- Uses physical force or the threat of physical force
- Intends to influence, delay, or prevent the person from any of the following:
- Reporting a crime,
- Talking to law enforcement,
- Dissuade them from testifying
Someone who engages in witness or victim tampering is subject to incarceration for not more than one (1) year and can be fined up to $5,000. The court may also order restitution to the victim.
Evidence Tampering
Evidence tampering happens when you or someone acting on your behalf:
- Alters or
- Destroys, or
- Hides something
- With the intent to impair the validity or availability of evidence for a court proceeding.
Evidence tampering is punishable by incarceration for not more than six months and/or a $2,500 fine.
