2021 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 7 - Victims and Witnesses Protection
§ 18-8-704. Intimidating a Witness or Victim

1. A person commits intimidating a witness or victim if, 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 a witness in any criminal or civil proceeding; a victim of any crime; 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; a member of the witness' family; a member of the victim's family; a person in close relationship to the witness or victim; a person residing in the same household with the witness or victim; or any person who has reported a crime or who may be called to testify as a witness to or victim of any crime, he or she intentionally attempts to or does:
   1. Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or
   2. Induce the witness or victim to avoid legal process summoning him to testify; or
   3. Induce the witness or victim to absent himself or herself from an official proceeding; or
   4. Inflict such harm or injury prior to such testimony or expected testimony.

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

History. Source: L. 84: Entire part added, p. 501, § 4, effective July 1. L. 88: IP(1) amended, p. 714, § 23, effective July 1. L. 90: IP(1) amended, p. 987, § 11, effective April 24. L. 91: IP(1) amended, p. 407, § 15, effective June 6. L. 2003: IP(1) amended, p. 1433, § 27, effective July 1. L. 2004: (1)(c) amended, p. 435, § 2, effective July 1. L. 2018: IP(1) amended,(SB 18-169), ch. 162, p. 1127, § 1, effective July 1.

This section is similar to former § 18-8-604 as it existed prior to 1984.

Annotator's note. Since § 18-8-704 is similar to former § 18-8-604 , relevant cases construing that provision have been included in the annotations to this section.

All that is necessary to complete the crime under this section is to presently attempt, by threat of harm or injury, to influence someone to withhold testimony at a future time. People v. Proctor, 194 Colo. 172 , 570 P.2d 540 (1977).

“Unlawfully” refers to the time when the testimony is to be actually withheld, not to the time of the contract. People v. Proctor, 194 Colo. 172 , 570 P.2d 540 (1977).

Threats of future harm delivered before a subpoena arrives may be just as effective as those delivered after the subpoena arrives. People v. Proctor, 194 Colo. 172 , 570 P.2d 540 (1977).

Person intimidated must have witnessed something concerning which his testimony is probative. One of the elements of intimidating a witness is that the person intimidated must have witnessed something concerning which his testimony would be probative. People v. Gonzales, 43 Colo. App. 312, 602 P.2d 6 (1978), rev'd on other grounds, 198 Colo. 450 , 601 P.2d 1366 (1979).

The language of the statutes regarding retaliation against a witness and intimidation of a witness are similar, however, § 18-8-706 and this section are factually distinguishable and reasonable grounds exist to support differences in punishment provided for each. Therefore they do not violate equal protection. People v. Gardner, 919 P.2d 850 (Colo. App. 1995).

The general assembly may prescribe more severe penalties for conduct it perceives to have more severe consequences, even if the differences are only a matter of degree, so long as the classifications of criminal behavior are based on differences reasonably related to the general purpose of the legislation. People v. Gardner, 919 P.2d 850 (Colo. App. 1995).

Use of the term “victim” as defined in § 18-8-702 does not require that the person being intimidated be the victim of a predicate crime resulting in a conviction; intimidation of a victim charge is unrelated to and independent of any underlying charge. People v. Rester, 36 P.3d 98 (Colo. App. 2001).

Jury was required to find only that the victim was the victim of any crime. Defendant who was acquitted on assault and harassment charges could still be convicted of intimidating a witness, since defendant had been found guilty of violating a restraining order and of violating bond conditions. People v. Rester, 36 P.3d 98 (Colo. App. 2001).

Jury instruction defining “unlawfully” conformed with Proctor annotated above, and was necessary to clarify that the victim did not have to be under legal subpoena at the time defendant threatened her. People v. Rester, 36 P.3d 98 (Colo. App. 2001).

Applied in People v. Jones, 140 P.3d 325 (Colo. App. 2006).