§ 9-302. Inducing false testimony or avoidance of subpoena

   (a) Prohibited. -- A person may not harm another, threaten to harm another, or damage or destroy property with the intent to:

   (1) influence a victim or witness to testify falsely or withhold testimony; or

   (2) induce a victim or witness:

      (i) to avoid the service of a subpoena or summons to testify;

      (ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or

      (iii) not to report the existence of facts relating to a crime or delinquent act.

(b) Solicitation prohibited. -- A person may not solicit another person to harm another, threaten to harm another, or damage or destroy property with the intent to:

   (1) influence a victim or witness to testify falsely or withhold testimony; or

   (2) induce a victim or witness:

      (i) to avoid the service of a subpoena or summons to testify;

      (ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or

      (iii) not to report the existence of facts relating to a crime or delinquent act.

(c) Penalty. --

   (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both.

   (2) If the testimony, subpoena, official proceeding, or report involving the victim or witness relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

(d) Sentence. -- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

HISTORY: An. Code 1957, art. 27, § 761; 2002, ch. 26, § 2; 2005, ch. 461.