4.409 — DISSUADING A VICTIM

Violations of "Statute 4.409" results in a Class D Misdemeanor

(a) Definitions

Dissuading a victim refers to the act of knowingly attempting to prevent a victim or witness from reporting a crime, cooperating with law enforcement, or testifying in a criminal investigation or proceeding. This includes:

Threatening, intimidating, or coercing a victim to withdraw their complaint or stop cooperating with authorities.
Offering money, promises, or other incentives to dissuade a victim from pursuing legal action.
Using force or threats of harm to prevent the victim from providing testimony or evidence in a legal matter.

(b) Elements

To establish the offense of dissuading a victim, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally attempted to dissuade or prevent the victim from reporting a crime, cooperating with law enforcement, or testifying in a legal proceeding.
The defendant used threats, coercion, or other forms of intimidation to dissuade the victim.
The defendant’s actions were intended to influence the victim’s behavior in relation to the criminal investigation or legal proceedings.

(c) Defenses

A person may defend themselves against dissuading a victim charges if:

The defendant did not knowingly attempt to dissuade the victim, such as if they acted without the intent to prevent cooperation or testimony.
The defendant’s actions were based on a misunderstanding, where they did not realize they were influencing the victim’s decision to report or testify.
The defendant was acting within the scope of their rights or authority, such as in a legal or law enforcement capacity, and was not attempting to prevent a victim’s cooperation.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The dissuading involved threats of violence, intimidation, or the actual use of force.
The defendant’s actions involved a vulnerable victim, such as a child, senior citizen, or someone with disabilities.
The defendant has a history of prior convictions related to obstruction of justice, intimidation, or similar offenses.
The dissuading efforts were aimed at preventing the victim from testifying in a serious criminal case, such as a violent crime or organized crime matter.

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(a) Definitions

Threatening, intimidating, or coercing a victim to withdraw their complaint or stop cooperating with authorities.

Offering money, promises, or other incentives to dissuade a victim from pursuing legal action.

Using force or threats of harm to prevent the victim from providing testimony or evidence in a legal matter.

(b) Elements

To establish the offense of dissuading a victim, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally attempted to dissuade or prevent the victim from reporting a crime, cooperating with law enforcement, or testifying in a legal proceeding.

The defendant used threats, coercion, or other forms of intimidation to dissuade the victim.

The defendant’s actions were intended to influence the victim’s behavior in relation to the criminal investigation or legal proceedings.

A person may defend themselves against dissuading a victim charges if:

The defendant did not knowingly attempt to dissuade the victim, such as if they acted without the intent to prevent cooperation or testimony.

The defendant’s actions were based on a misunderstanding, where they did not realize they were influencing the victim’s decision to report or testify.

The defendant was acting within the scope of their rights or authority, such as in a legal or law enforcement capacity, and was not attempting to prevent a victim’s cooperation.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The dissuading involved threats of violence, intimidation, or the actual use of force.

The defendant’s actions involved a vulnerable victim, such as a child, senior citizen, or someone with disabilities.

The defendant has a history of prior convictions related to obstruction of justice, intimidation, or similar offenses.

The dissuading efforts were aimed at preventing the victim from testifying in a serious criminal case, such as a violent crime or organized crime matter.