Cal Pen Code § 136.1 (2004)
§ 136.1. Preventing or dissuading witness or victim from testifying or
doing other acts
(a) Except as provided in subdivision (c), any person who does any
of the following is guilty of a public offense and shall be punished by
imprisonment in a county jail for not more than one year or in the state
prison:
(1) Knowingly and maliciously prevents or dissuades any
witness or victim from attending or giving testimony at any trial, proceeding,
or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade
any witness or victim from attending or giving testimony at any trial,
proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant
was a family member who interceded in an effort to protect the witness or
victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), 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 is guilty of
a public offense and shall be punished by imprisonment in a county jail for not
more than one year or in the state prison:
(1) Making any report of that victimization to any peace
officer or state or local law enforcement officer or probation or parole or
correctional officer or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation
or parole violation to be sought and prosecuted, and assisting in the
prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person
in connection with that victimization.
(c) Every person doing any of the acts described in
subdivision (a) or (b) knowingly and maliciously under any one or more of the
following circumstances, is guilty of a felony punishable by imprisonment in
the state prison for two, three, or four years under any of the following
circumstances:
(1) Where the act is accompanied by force or by an express or
implied threat of force or violence, upon a witness or victim or any third
person or the property of any victim, witness, or any third person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been
convicted of any violation of this section, any predecessor law hereto or any
federal statute or statute of any other state which, if the act prosecuted was
committed in this state, would be a violation of this section.
(4) Where the act is committed by any person for pecuniary
gain or for any other consideration acting upon the request of any other
person. All parties to such a transaction are guilty of a felony.
(d) Every person attempting the commission of any act
described in subdivisions (a), (b), and (c) is guilty of the offense attempted
without regard to success or failure of the attempt. The fact that no person
was injured physically, or in fact intimidated, shall be no defense against any
prosecution under this section.
(e) Nothing in this section precludes the imposition of an
enhancement for great bodily injury where the injury inflicted is significant
or substantial.
(f) The use of force during the commission of any offense
described in subdivision (c) shall be considered a circumstance in aggravation
of the crime in imposing a term of imprisonment under subdivision (b) of
Section 1170.