Fill and Sign the Jury Instruction Tampering with a Witness Form

47.2 Tampering With A Witness 18 USC § 15 12(b)(1) Title 18, United States Code, Section 1512(b)(1), makes it a Federal crime or offense for anyone [to use intimidation] [to use physical force] [to threaten another person] with intent to [influence] [delay] [prevent] the testimony of a witness in any proceeding in this Court. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the person described in the indictment was [a witness] [scheduled to be a witness] in this Court as alleged; Second: That the Defendant used [intimidation] [physical force] [threats] against such person, as charged; and Third: That the Defendant did so knowingly and willfully with the intent to [influence] [delay] [prevent ] the testimony of the witness. To " intimidate" someone means to intentionally say or do something that would cause a person of ordinary sensibilities to be fearful of bodily harm. It is not necessary for the Government to prove, how ever, that the victim was actually frightened, and neither is it necessary to prove that the behavior of the Defendant was so violent that it was likely to cause terror, panic or hysteria. To act with intent to " influence" the testimony of a witness means to act for the purpose of getting the witness to change or color or shade his or her testimony in some way; but it is not necessary for the Government to prove that the witness' testimony was, in fact, changed in any way. ANNOTATIONS AND COMMENTS 18 USC § 15 12 (b)(1) provides: Whoever knowingly uses intimidation or physical force, or threatens . . . another person, or attempts to do so, . . . with intent to - - (1) influence, delay, or prevent the testimony of any person in an official proceeding [shall be guilty of an offense against the United States]. Maximum Penalty: Ten (10) years imprisonment , and applicable fine. In United States v. Moody, 977 F.2d 1420 (11th Cir. 1992), the Eleventh Circuit confirmed that witness tampering may also be prosecuted under section 1503.