PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Regarding the Crime of Tampering with a Witness, Informant, Juror or Victim
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §454, sub-§1, ¶¶B and C, as amended by PL 2001, c. 383, §63 and affected by §156, are further amended to read:
 
B.  Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a witness or informant:
 
(1) To withhold testimony, information or evidence;
 
(2) To refrain from attending a criminal proceeding or criminal investigation; or
 
(3) To refrain from attending any other proceeding or investigation to which the witness or informant has been summoned by legal process.
 
Violation of this paragraph is a Class C crime; or
 
C.  Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1), or in paragraph B, subparagraph (1), (2) or (3). Violation of this paragraph is a Class C crime.; or
Sec. 2.  17-A MRSA §454, sub-§1, ¶D  is enacted to read:
 
D.  Commits an unlawful act in retaliation against a witness or informant for acting in the capacity of a witness or informant. Violation of this paragraph is a Class C crime.
Sec. 3. 17-A MRSA §454, sub-§1-A, ¶¶A and B, as enacted by PL 2001, c. 383, §63 and affected by §156, are amended to read:
 
A.  Contacts by any means a person who is a juror or any other person that the actor believes is in a position to influence a juror and the actor does so with the intention of influencing the juror in the performance of the juror's duty. Violation of this paragraph is a Class C crime; or
 
B.  Violates paragraph A and the proceeding the juror is involved in is a criminal proceeding for murder or a Class A crime. Violation of this paragraph is a Class B crime.; or
Sec. 4.  17-A MRSA §454, sub-§1-A, ¶C  is enacted to read:
 
C.  Commits an unlawful act in retaliation against a juror for acting in the capacity of a juror. Violation of this paragraph is a Class B crime.
Sec. 5. 17-A MRSA §454, sub-§1-B, ¶¶B and C, as enacted by PL 2001, c. 383, §63 and affected by §156, are amended to read:
 
B.  Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a victim:
 
(1) To withhold testimony, information or evidence;
 
(2) To refrain from attending a criminal proceeding or criminal investigation; or
 
(3) To refrain from attending any other proceeding or investigation to which the victim has been summoned by legal process.
 
Violation of this paragraph is a Class B crime; or
 
C.  Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1), or in paragraph B, subparagraph (1), (2) or (3).
 
Violation of this paragraph is a Class B crime.; or
Sec. 6.  17-A MRSA §454, sub-§1-B, ¶D  is enacted to read:
 
D.  Commits an unlawful act in retaliation against a victim for acting in the capacity of a victim. Violation of this paragraph is a Class C crime.
 
SUMMARY
This bill amends the elements of the crime of tampering with a witness, informant, juror or victim by adding the instance of committing an unlawful act in retaliation against a witness, informant, juror or victim for acting in the capacity of a witness, informant, juror or victim.