Under California law, a person may be punished for asking the victim of a crime to not call the police following some illegal act, or to not press charges.  California Penal Code § 136.1(b) provides that every “person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following acts is guilty of a public offense . . . .”  The specific acts that cannot be forbidden are making a police report,[123] filing a charge and assisting in the prosecution,[124] and seeking the arrest of the suspect.[125]  No specific intent is required to commit this offense.

This offense does not involve the use of force or violence, just the use of persuasion by words, and therefore should not constitute an aggravated felony crime of violence, or a crime of domestic violence.  See § § 7.41-7.60, 7.154.  The offense could arguably be considered an “obstruction of justice” aggravated felony,[126] but a conviction cannot qualify as either a crime of violence or an obstruction of justice aggravated felony unless a sentence of one year or more is imposed.  See § 7.24, supra.  Additionally, one can argue that witness dissuasion is, like misprision of a felony, not sufficiently related to obstruction of justice to constitute an aggravated felony.  See § 7.85, supra.

 

            Because this offense does not require that the act be done “knowingly” or “maliciously,”[127] the offense should not be considered a crime involving moral turpitude.  See § 7.110-7.113, supra. 

[123] California Penal Code § 136.1(b)(1).

[124] California Penal Code § 136.1(b)(2).

[125] California Penal Code § 136.1(b)(3).

[126] INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[127] See California Penal Code § § 136.1(a)(malice), 136.1(c)(force).

Other

SAFE HAVEN - WITNESS INTIMIDATION - CALIFORNIA OFFENSE IS A STRIKE
A conviction of witness dissuasion, under any of the subdivisions included within Penal Code 136.1, constitutes a strike. Penal Code 1192.7 (c)(37) ("intimidation of victims or witnesses, in violation of Section 136.1").