2006 Massachusetts Code - Section 13B. Intimidation of witnesses — jurors and persons furnishing information inconnection with criminal proceedings.

[ Text of section effective until March 30, 2006. For text effective March 30, 2006, see below.]

  Section 13B. Whoever, directly or indirectly, willfully endeavors by means of a gift, offer or promise of anything of value or by misrepresentation, intimidation, force or express or implied threats of force to influence, impede, obstruct, delay or otherwise interfere with any witness or juror in any stage of a trial, grand jury or other criminal proceeding or with any person furnishing information to a criminal investigator relating to a violation of a criminal statute of the commonwealth, and whoever injures any person or damages his property on account of the giving of such information to a criminal investigator or on account of testimony given at a trial, grand jury or other criminal proceeding, shall be punished by imprisonment in a house of correction for not more than two and one-half years or in the state prison for not less than two and one-half years and not more than ten years, and by a fine of not less than one thousand dollars and not more than five thousand dollars.

  As used in this section a "criminal investigator'' shall mean an individual or a group of individuals lawfully authorized by a department or agency of the commonwealth or any political subdivision thereof to conduct, or engage in, an investigation of, or prosecution for, a violation of the laws of the commonwealth in the course of his official duties.

Chapter 268: Section 13B. Intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings

[ Text of section as amended by 2006, 48, Sec. 3 effective March 30, 2006. For text effective until March 30, 2006, see above.]

  Section 13B. (1) Whoever, directly or indirectly, willfully

  (a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to;

  (b) conveys a gift, offer or promise of anything of value to; or

  (c) misleads, intimidates or harasses another person who is:

  (i) a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type;

  (ii) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole or bail;

  (iii) a judge, juror, grand juror, prosecutor, police officer, federal agent, investigator, defense attorney, clerk, court officer, probation officer or parole officer;

  (iv) a person who is or was furthering a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type; or

  (v) a person who is or was attending or had made known his intention to attend a grand jury proceeding, trial or other criminal proceeding of any type with the intent to impede, obstruct, delay, harm, punish or otherwise interfere thereby with a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type shall be punished by imprisonment for not more than 21/2 years in a jail or house of correction or not more than 10 years in a state prison, or by a fine of not less than $1,000 nor more than $5,000.

  (2) As used in this section, "investigator'' shall mean an individual or group of individuals lawfully authorized by a department or agency of the federal government, or any political subdivision thereof, or a department or agency of the commonwealth, or any political subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of his official duties.

  (3) As used in this section, "harass'' shall mean to engage in any act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress. Such act shall include, but not be limited to, an act conducted by mail, electronic mail, internet communications, facsimile communications, or other telephonic or telecommunications device.

  (4) A prosecution under this section may be brought in the county in which the criminal investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.