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Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-2-2

Current as of January 02, 2024 | Updated by FindLaw Staff

Sec. 2. (a) A person who:

(1) knowingly or intentionally induces, by threat, coercion, false statement, or offer of goods, services, or anything of value, a witness or informant in a legal proceeding or an administrative or criminal investigation to:

(A) withhold or unreasonably delay in producing any testimony, information, document, or thing that the witness or informant is legally required to produce;

(B) avoid legal process summoning the person to testify or supply evidence;

(C) absent the person from a proceeding or investigation to which the person has been legally summoned; or

(D) give a false or materially misleading statement;

(2) knowingly or intentionally in a legal proceeding or an administrative or criminal investigation:

(A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders the person to produce the testimony, information, document, or thing;

(B) avoids legal process summoning the person to testify or supply evidence; or

(C) absents the person from a proceeding or investigation to which the person has been legally summoned;

(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any legal proceeding or administrative or criminal investigation;

(4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in a legal proceeding or an administrative or criminal investigation to mislead a public servant;

(5) communicates with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror; or

(6) being employed by a court or law enforcement agency, notifies the subject of a warrant of the warrant, with the intent to interfere with the execution of the warrant;

commits obstruction of justice, a Level 6 felony, except as provided in subsection (b).

(b) Except as provided in subsection (e), the offense is a Level 5 felony if, during the investigation or pendency of a domestic violence or child abuse case under subsection (c), a person knowingly or intentionally:

(1) offers, gives, or promises any benefit to;

(2) communicates a threat as defined by IC 35-45-2-1(c) to; or

(3) intimidates, unlawfully influences, or unlawfully persuades;

any witness to abstain from attending or giving testimony, or to give a false or materially misleading statement, at any hearing, trial, deposition, probation, or other criminal proceeding or from giving testimony or other statements, including giving a false or materially misleading statement, to a court or law enforcement officer under IC 35-31.5-2-185.

(c) As used in this section, “domestic violence or child abuse case” means any case involving an allegation of:

(1) the commission of a crime involving domestic or family violence under IC 35-31.5-2-76 involving a family or household member under IC 35-31.5-2-128;

(2) the commission of a crime of domestic violence under IC 35-31.5-2-78 involving a family or household member under IC 35-31.5-2-128; or

(3) physical abuse, sexual abuse, or child neglect, including crimes listed under IC 35-31.5-2-76 involving a victim who was less than eighteen (18) years of age at the time of the offense, whether or not the person is a family or household member under IC 35-31.5-2-128.

(d) Subsection (a)(2)(A) does not apply to:

(1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or

(2) a person who, as:

(A) an attorney;

(B) a physician;

(C) a member of the clergy; or

(D) a husband or wife;

is not required to testify under IC 34-46-3-1.

(e) Subsections (a) and (b) do not apply to:

(1) an attorney;

(2) an investigator;

(3) a law enforcement officer; or

(4) a judge;

engaged in that person's professional or official duties.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-2-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-44-1-2-2/

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