Witness tampering is the offense of attempting to influence, intimidate or corruptly persuade a witness in a legal proceeding, whether by threatening them, bribing them, or otherwise inducing them to testify falsely, withhold testimony, or avoid appearing altogether, an offense against the administration of justice rather than against any specific private victim. It covers a wide range of conduct, from an explicit threat of violence against a witness or their family, to a bribe offered in exchange for favorable or absent testimony, to more subtle pressure such as persistent contact intended to discourage cooperation with an investigation or prosecution, and most statutes reach the attempt itself regardless of whether the tampering actually succeeded in changing the witness's testimony. Because witness tampering strikes directly at a legal system's ability to establish the truth in a proceeding, it is treated with particular severity in most jurisdictions and is frequently charged as a separate offense on top of whatever underlying crime the witness's testimony concerned, so that a defendant who tampers with a witness in their own case faces additional criminal exposure distinct from the original charge. Witness protection programs in many jurisdictions developed specifically in response to the documented risk of tampering and retaliation against witnesses in serious criminal cases, particularly those involving organized crime.
Facts
Classification Code18 U.S.C. Section 1512, Tampering with a witness, victim, or an informant. 2 Typical PenaltyUnder 18 U.S.C. Section 1512(b), witness tampering by intimidation or threat carries a fine and imprisonment of up to 20 years, or both. 2 Elements of OffenseThe offense covers improperly interacting with a witness before or after trial, including influencing, threatening, harassing, or physically harming the witness. 1 Notable ExampleCongolese politician Jean-Pierre Bemba was convicted of witness tampering by the International Criminal Court in 2016. 3 Notable ExamplePolitical operative Roger Stone is among the notable people convicted of witness tampering in the United States. 3 Jurisdiction VariationIn England and Wales, witness intimidation is treated as one form of the broader offense of perverting the course of justice, rather than as its own named statutory crime as in the United States. 3 Jurisdiction VariationWitness tampering is also a crime under state law in the United States, though the statutory details vary by state. 3 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. Cornell LII Wex: Witness Tampering
Main definition paragraph
The act of obstructing justice by improperly interacting with a witness before or after trial.
Examples section
Examples include influencing, threatening, harassing, or physically harming the witness.
View the Source2. Cornell LII: 18 U.S. Code Section 1512
Cornell Law School Legal Information InstituteSection heading
18 U.S. Code § 1512 - Tampering with a Witness, Victim, or an Informant
Section 1512(b) penalty clause
shall be fined under this title or imprisoned not more than 20 years, or both.
View the Source 3. Witness tampering (Wikipedia)
WikipediaNotable Cases section, United States
Notable people in the United States convicted of witness tampering include former South Dakota State Representative Ted Klaudt, political operative Roger Stone, real estate developer Charles Kushner, and Nine Trey Gangsters figure Laron Spicer.
Notable Cases section, International Criminal Court
In 2016, Jean-Pierre Bemba, a politician from Democratic Republic of the Congo, was convicted of witness tampering in the International Criminal Court.
Jurisdictional Variations section, Federal vs State
Witness tampering is also a crime under state laws, although the statutory details vary.
Jurisdictional Variations section, England and Wales
In England and Wales, witness intimidation is one form of the crime of perverting the course of justice.
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