C.R.S. § 18-8-707 – Witness Tampering – Colorado Law & Penalties

Colorado Revised Statutes § 18-8-707 C.R.S. prohibits witness tampering, which is intentionally attempting to influence the decisions of a witness or victim. A common example is trying to convince a crime victim to be a no-show at trial.

In Colorado, witness tampering is a class 4 felony carrying:

• 2 to 6 years in state prison (plus 3 years of mandatory parole) and/or
• $2,000 to $500,000 in fines.

In this article, our Denver criminal defense lawyers will address the following key issues regarding Colorado witness tampering laws:

• 1. Elements of C.R.S. 18-8-707
• 2. Tampering vs. Bribery or Intimidation
• 3. Defenses
• 4. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-8-707

The Colorado crime of witness tampering involves intentionally attempting to influence a victim or witness, or anyone who may be called to testify as a victim or witness.

A “victim” is any person against whom any crime has been perpetrated or attempted. Meanwhile, 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; or
• Who would be reasonably believed to be any of the above.

You commit tampering of a victim or witness by deliberately trying to persuade them to either:

• Testify falsely;
• Unlawfully withhold any testimony;
• Be absent from an official proceeding; and/or
• Avoid legal process summoning them to testify.¹

Witness tampering is a separate Colorado offense from bribing or intimidating a witness.

2. Tampering vs. Bribery or Intimidation

In Colorado, witness tampering under C.R.S. 18-8-707 is a separate crime from either:

• Bribing a witness, which is offering money or anything of benefit to influence a witness;² or
• Intimidating a witness, which is threatening a witness with property damage or violence.³

In contrast, tampering with a victim or witness is attempting to influence them without bribery or threats.⁴

Witness tampering is unlawful even if the witness or victim resists and is not influenced.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with crimes such as witness tampering. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-8-707 charges reduced or dismissed.

1. Lack of Intent. Perhaps you were just having an innocent conversation with the victim or witness, and the police misconstrued your words as tampering. As long as you were not intentionally trying to influence the victim or witness, no crime occurred.
2. No witness or victim. Maybe the person you were talking to was not a victim or witness in the case, and the police misidentified them. Helpful evidence in these cases includes surveillance video and phone GPS records.
3. False accusations. It is not uncommon for people to levy false accusations out of anger or revenge. In these cases, we would pore over the accusers’ recorded communications (such as texts and voicemails) in search of their motivation to lie.

Note that it is not a defense to witness tampering that the victim or witness ended up accepting a summons, showed up to court, and told the whole truth. The crime is trying to induce the victim or witness not to fulfill their legal duties; how the victim or witness responds to the tampering is irrelevant.

4. Related Offenses

• Aggravated Intimidating a Witness (C.R.S. 18-8-705) – Using a deadly weapon to frighten a witness or victim in a legal case. This is a class 3 felony, carrying four to 12 years in prison and/or $3,000 to $750,000.
• Retaliation Against a Witness (C.R.S. 18-8-706) – Retaliating against a victim or witness through harassment or using threats of harm, injury or property damage. Like witness tampering, retaliation against a witness is a class 4 felony.
• Bribing a Juror (C.R.S. 18-8-606) – Offering or agreeing to offer money or any other benefit to a juror to influence the juror’s vote or opinion. Like witness tampering, bribing a juror is a class 4 felony.

Witness tampering in violation of C.R.S. 18-8-707 is a class 4 felony.

Frequently Asked Questions

What counts as witness tampering in Colorado?

Witness tampering in Colorado happens when you intentionally try to convince a witness or victim to testify falsely, skip court, avoid a subpoena, or withhold testimony. It does not involve bribes or threats – just attempting to influence someone. Even if the person refuses to be influenced, you can still be charged.

What are the penalties for witness tampering in Colorado?

Witness tampering is a class 4 felony in Colorado. If convicted, you face two to six years in state prison, plus three years of mandatory parole, and fines between $2,000 and $500,000. The penalties apply even if your attempt to influence the witness was unsuccessful.

How is witness tampering different from bribing or intimidating a witness?

These are three separate crimes in Colorado. Witness tampering means trying to influence someone without using bribes or threats. Bribing involves offering money or benefits to influence testimony. Intimidating means threatening someone with violence or property damage to affect their testimony.

What defenses work against witness tampering charges?

Common defenses include proving you had no intent to influence the person (it was just normal conversation), showing the person wasn’t actually a witness or victim in the case, or demonstrating the accusations are false. It is not a defense that the witness showed up to court anyway – the crime is in the attempt.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Broken Promises: A Call for Witness Tampering Sanctions in Cases of Child and Domestic Abuse – Hamline Law Review.
• Arbitration chambers and technology: witness tampering and perceived effectiveness in videoconferenced dispute resolution proceedings – International Journal of Law and Information Technology.
• Ethical and legal considerations for treatment of alleged victims: When does it become witness tampering? – Professional Psychology: Research and Practice.
• De Facto Witness Tampering – Berkeley Journal of Gender Law and Justice.
• Tampering with Witness Tampering: Resolving the Quandary Surrounding 18 U.S.C. 1503, 1512 – Washington University Law Quarterly.

Legal References