Kentucky Statutes 524.040 – Intimidating a participant in the legal process
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(1) A person is guilty of intimidating a participant in the legal process when, by use of physical force or a threat directed to a person he believes to be a participant in the legal process, he or she:
(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion of that person;
For details, see § 532.060
(b) Induces, or attempts to induce, that person to avoid legal process summoning him or her to testify;
(c) Induces, or attempts to induce, that person to absent himself or herself from an official proceeding to which he has been legally summoned;
(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;
(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; or
(f) Hinders, delays, or prevents the communication to a law enforcement officer or judge of information relating to the possible commission of an offense or a violation of conditions of probation, parole or release pending judicial proceedings.
(2) For purposes of this section:
(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and
(b) The testimony, record, document, or other object need not be admissible in evidence or free of a claim of privilege.
(3) Intimidating a participant in the legal process is a Class D felony.
(4) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 251, sec. 2, effective July 15, 2002. — Amended
1986 Ky. Acts ch. 212, sec. 5, effective July 15, 1986. — Created 1974 Ky. Acts ch.
406, sec. 203, effective January 1, 1975.
(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion of that person;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 524.040
- 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.
- Judge: means , with reference to intimidating a participant in the legal process, any current justice or judge of the Court of Justice, a trial commissioner of the Court of Justice, and any person serving as a judge at a trial or judicial proceeding of or authorized by the Court of Justice. See Kentucky Statutes 524.010
- Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings. See Kentucky Statutes 524.010
- Participant in the legal process: means any judge, prosecutor, attorney defending a criminal case, juror, or witness and includes members of the participant's immediate family. See Kentucky Statutes 524.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Threat: means any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person. See Kentucky Statutes 524.010
(b) Induces, or attempts to induce, that person to avoid legal process summoning him or her to testify;
(c) Induces, or attempts to induce, that person to absent himself or herself from an official proceeding to which he has been legally summoned;
(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;
(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; or
(f) Hinders, delays, or prevents the communication to a law enforcement officer or judge of information relating to the possible commission of an offense or a violation of conditions of probation, parole or release pending judicial proceedings.
(2) For purposes of this section:
(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and
(b) The testimony, record, document, or other object need not be admissible in evidence or free of a claim of privilege.
(3) Intimidating a participant in the legal process is a Class D felony.
(4) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 251, sec. 2, effective July 15, 2002. — Amended
1986 Ky. Acts ch. 212, sec. 5, effective July 15, 1986. — Created 1974 Ky. Acts ch.
406, sec. 203, effective January 1, 1975.