There are strong arguments that Penal Code 136.1(b)(1) is not obstruction of justice. Section 32 was held obstruction because it requires the specific intent to prevent the criminal from undergoing arrest, trial or punishment. Section 136.1(b)(1) lacks specific intent to protect the criminal or thwart the judicial process. The 136.1 violator may support arrest and punishment of the criminal, but still want to encourage the victim or witness not to file a police report because they may suffer from the filing (e.g., reprisals by gang members, eviction when the facts come out, emotional strain on an unhealthy person), or other reports already may have been filed in the matter so that the witness report is merely cumulative, or other reasons. Penal Code 136.1(b)(1) may be similar to misprision of felony, merely concealing a felony without specific intent, which the Board (and Ninth Circuit) have held is not obstruction of justice.
Thanks to Katherine Brady