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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.
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/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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