Section 9-302 - Inducing false testimony or avoidance of subpoena. - Maryland Statutes

§ 9-302. Inducing false testimony or avoidance of subpoena.
 

(a)  Prohibited.- A person may not harm another, threaten to harm another, or damage or destroy property with the intent to: 

(1) influence a victim or witness to testify falsely or withhold testimony; or 

(2) induce a victim or witness: 

(i) to avoid the service of a subpoena or summons to testify; 

(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or 

(iii) not to report the existence of facts relating to a crime or delinquent act. 

(b)  Solicitation prohibited.- A person may not solicit another person to harm another, threaten to harm another, or damage or destroy property with the intent to: 

(1) influence a victim or witness to testify falsely or withhold testimony; or 

(2) induce a victim or witness: 

(i) to avoid the service of a subpoena or summons to testify; 

(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or 

(iii) not to report the existence of facts relating to a crime or delinquent act. 

(c)  Penalty.-  

(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. 

(2) If the testimony, subpoena, official proceeding, or report involving the victim or witness relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years. 

(d)  Sentence.- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section. 
 

[An. Code 1957, art. 27, § 761; 2002, ch. 26, § 2; 2005, ch. 461.]