CRS § 18-8-704 - Intimidating a Witness

Q: What is intimidating a witness?

Intimidating a witness (witness tampering) involves using threats, harassment, or act of harm or injury upon a witness or victim of a crime to influence their decision. This includes influencing the witness or victim to: Testify falsely; Unlawfully withhold any testimony; or Be absent from an official proceeding. Intimidation can be directed at the victim, witness, family member of the witness' or victims' family, or person in a close relationship with the victim or witness. Dissuading a witness also includes inflicting or attempting to inflict any harm or injury prior to testimony or expected testimony.

18-8-704 CRS is the Colorado law that prohibits making threats against witnesses or victims in order to deter their cooperation with authorities, or to influence their testimony in court.

Intimidating a witness is a class 4 felony. However, if the witness is intimidated by the use of a deadly weapon, the criminal charge becomes a more serious a class 3 felony.

The language of CRS 18-8-704 reads as follows:

(1) A person commits intimidating a witness or victim if:

(a) By use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon:
(I) A witness in any criminal or civil proceeding;
(II) A victim of any crime;
(III) A person he or she believes has been or is to be called or who would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime;
(IV) A person he or she believes may have information relevant to a criminal investigation;
(V) A member of the witness’s family;
(VI) A member of the victim’s family;
(VII) A person in close relationship to the witness or victim;
(VIII) A person residing in the same household with the witness or victim;
(IX) A person he or she believes may be able to exert influence upon the witness or victim; or
(X) Any person who has reported a crime or who may be called to testify or who testifies as a witness to or victim of any crime; and

(b) He or she intentionally attempts to or does:
(I) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or
(II) Induce the witness or victim to avoid legal process summoning him or her to testify; or
(III) Induce the witness or victim to absent himself or herself from an official proceeding; or
(IV) Inflict such harm or injury prior to such testimony or expected testimony; or
(V) Influence the witness, victim, or any person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or a defense investigator.

(2) Intimidating a witness or victim is a class 4 felony.

The crime is also referred to as “dissuading a witness” and “witness tampering.”

In this article, our Colorado criminal defense lawyers will address:

Trial witness being intimidated through a text message in violation of CRS 18-8-704.

Witness intimidation is unlawful in Colorado whether it occurs in person or over the phone.

1. What is intimidating a witness?

Intimidating a witness (witness tampering) involves using threats, harassment, or act of harm or injury upon a witness or victim of a crime to influence their decision. This includes influencing the witness or victim to:

Testify falsely;
Unlawfully withhold any testimony; or
Be absent from an official proceeding.

Intimidation can be directed at the victim, witness, family member of the witness or victim’s family, or person in a close relationship with the victim or witness. Dissuading a witness also includes inflicting or attempting to inflict any harm or injury prior to testimony or expected testimony.¹

A “victim” means any person against whom any crime has been perpetrated or attempted. This could include a victim who suffered a physical injury from an assault, drunk driving accident, or sexual assault. It may also include victims of property crime, such as robbery and fraud victims. It may also include state and federal crimes.²

A “witness” is any person who:

Has knowledge of facts relating to a crime;
Has made a declaration under oath for evidence;
Reported any crime to a police officer, correctional officer, or judicial officer;
Has been served a subpoena by the court for a court proceeding; or
Who would be reasonably believed to be any of the above.³

“Harassment” involves annoying or harmful touching, threatening words, or obscene gestures with the intent to harass, annoy, or alarm another person. Harassment may include:

Hitting, shoving, kicking, or touching
Making obscene gestures
Following someone in a public place
Makes threats through the phone, computer, text, social media or electronic medium
Makes repeated phone calls
Makes repeated communications at inconvenient times that invade privacy
Taunts, challenges, or insults another in a way to provoke a disorderly response.⁴

2. What are the penalties for intimidating a witness?

Intimidating a witness or victim is a class 4 felony in Colorado.⁵ The minimum penalty for a class 4 felony conviction for intimidating a witness is 2 years in prison and a fine of $2,000. The maximum penalty for intimidating a witness or victim is 6 years in prison and a fine of up to $500,000. In addition, there is a mandatory parole period of 3 years.

Under CRS 18-8-708, victims of intimidation or retaliation are eligible for damages suffered as the result of intimidation or retaliation. In a civil proceeding, victims who testify as a witness or victim, or members of their family, may recover for such injury or property damage. They may also be eligible to receive treble damages and attorney fees.

Witness accosted on the street by a person with a gun trying to intimidate him into not testifying.

Penalties for witness intimidation under CRS 18-8-705 increase if the defendant had a deadly weapon.

3. What is aggravated intimidation of a witness?

Intimidating a witness can become aggravated intimidation of a witness if, during the act of intimidating, he or she:

Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the witness, victim, or any other person; or
Knowingly wounds the person being intimidated or any other person with a deadly weapon; or
By the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in fear of death or bodily injury.⁶

Even if the person is not armed with a deadly weapon, using an article in a manner that leads a reasonable person to believe it is a deadly weapon, or claiming to have a deadly weapon is prima facie evidence that the person is armed with a deadly weapon.

Learn more about aggravated intimidation of a witness (CRS 18-8-705).

4. What are the penalties for aggravated intimidation of a witness?

Aggravated intimidation of a witness or victim is a class 3 felony in Colorado.⁷ The minimum penalty for a class 3 felony conviction for aggravated intimidating a witness is 4 years in prison and a fine of $3,000. The maximum penalty for aggravated intimidation of a witness is 12 years in prison and a fine of up to $750,000. In addition, there is a mandatory parole period of 5 years.

5. Related Offenses

Bribing a Witness – CRS 18-8-703

Offering money or another benefit to a witness or victim of a crime to influence their decisions is the Colorado crime of bribing a witness. Bribing a witness is a felony. The penalties for bribery of a witness or victim includes up to 6 years in prison and a fine of up to $500,000.

Witness Tampering – CRS 18-8-707

Tampering with a witness involves attempts to get a witness to withhold testimony, testify falsely, or be absent from an official proceeding. Tampering with a witness is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.

Retaliation Against a Witness – CRS 18-8-706

Retaliation against a witness or victim involves retaliating against a victim or witness through harassment or using threats of harm, injury or property damage. Retaliation against a witness is a class 3 felony, with penalties including 4 to 12 years in prison and up to $750,000 in fines.

Bribing a Juror – CRS 18-8-606

Bribing a juror involves offering or agreeing to offer money or any other benefit upon a juror to influence the juror’s vote or opinion. Bribing a juror is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.

Legal References

CRS 18-8-704; People v. Proctor, 194 Colo. 172, 570 P.2d 540 (1977). SB22-024.
CRS 18-8-702(1); People v. Rester, 36 P.3d 98 (Colo. App. 2001).
CRS 18-8-702(2); People v. Gonzales, 43 Colo. App. 312, 602 P.2d 6 (1978).
CRS 18-9-111.
CRS 18-8-704(2).
CRS 18-8-705.
Colorado Revised Statute 18-8-705(3).

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CRS § 18-8-704 – Intimidating a Witness – Colorado Law