South Dakota Codified Laws 22-11-19. Tampering with a witness–Felony
Any person who injures or threatens to injure any person or property; who offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding; or who corruptly persuades or corruptly influences another person to induce the witness to:
(1) Testify falsely;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 4 felony | up to 10 years | up to $20,000 |
Terms Used In South Dakota Codified Laws 22-11-19
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Withhold any testimony, information, document, or thing;
(3) Elude legal process summoning the witness to testify or supply evidence; or
(4) Absent himself or herself from an official proceeding to which the witness has been legally summoned;
is guilty of tampering with a witness. Any person who injures, or threatens to injure, any person or property in retaliation for that person testifying in an official proceeding, or for cooperating with law enforcement, government officials, investigators, or prosecutors, is guilty of tampering with a witness. Tampering with a witness is a Class 4 felony.
For the purposes of this section, the term, corruptly, means wrongful or immoral and done with an intent to impede the administration of justice.
Source: SDC 1939, § 13.1246; SDCL, § 19-5-15; SL 1976, ch 158, §§ 11-14; SL 1978, ch 158, § 6; SL 1986, ch 179; SL 2004, ch 148, § 1; SL 2005, ch 120, § 213; SL 2023, ch 68, § 1.