18 U.S. Code § 1513 - Federal Crime of Witness Retaliation
Let's review the federal offense of retaliating against a witness, victim, or informant defined under Title 18 U.S. Code 1513. The justice system relies heavily on witness testimony and information provided by citizens to expose, prosecute, and punish criminal activities.
Federal law takes their protection very seriously to ensure witnesses can provide information without fear of retaliation or harm.
For this reason, under 18 U.S.C. 1513, it is a federal crime to threaten or harm any witness, victim, or informant in retaliation for the information they provide, either in court proceedings or to government/law enforcement officials. You could face many years in federal prison if convicted of this crime.
The full text of 18 U.S.C. 1513 says, "(a) (1) Whoever kills or attempts to kill another person with intent to retaliate against any person for-
(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(B) any information provided to a law enforcement officer relating to the commission or possible commission of a federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is,
(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and
(B) in the case of an attempt, imprisonment for not more than 30 years.
(b)Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for,
(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment that may be imposed for the offense under this section shall be higher than that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
(d) There is extraterritorial Federal jurisdiction over an offense under this section.
(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than ten years, or both.
(f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the conspiracy.
(g) A prosecution under this section may be brought in the district where the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected or where the conduct constituting the alleged offense occurred."
What Does the Law Say?
18 U.S.C. 1513 is within the section of the United States Code that deals with obstruction of justice. The statute makes it a federal crime to harm or threaten to harm a witness, victim, or informant as a means of retaliation for their participation in legal processes. Specifically, it criminalizes the following behaviors:
- Killing or attempting to kill another person with the intent to retaliate against them for providing information about a federal offense.
- Causing bodily injury or property damage to someone (or even threatening to do so) in retaliation for providing information about a federal offense.
- Interfering with a person's employment or livelihood in retaliation for their speaking to law enforcement about the commission of a federal crime.
Other things to know about this law:
- This law treats conspiracy to commit a crime like actually committing it. In other words, if you conspire with another person to retaliate against a witness or victim, you face the same penalties even if you never complete the retaliation.
- This law can be an aggravating factor in sentencing the original crime. For example, suppose you retaliate against a witness/victim for testifying in your criminal trial and are convicted of the crime in question. In that case, your sentence will be escalated to the maximum amount allowable for that crime under the law.
- This law has extraterritorial jurisdiction. If the retaliation occurs anywhere outside the United States, it can still be charged and tried as a federal crime.
What Must Be Proven for a Conviction?
To secure a conviction under U.S.C. 1513, the prosecution must prove several elements of the crime beyond a reasonable doubt, such as the following:
- Retaliatory Intent: You must have explicitly acted to retaliate against a witness, victim, or informant for providing information related to a federal offense.
- Harm or Threat of Harm: There must be evidence that you harmed, attempted, or threatened to harm the individual.
- Connection to a Federal Offense: The information the witness, victim, or informant provides must relate to a federal crime.
- Causation: There must be a direct link between the individual's cooperation with law enforcement and the retaliatory action you allegedly took.
What Are Related Federal Crimes?
18 U.S. Code Chapter 73 Obstruction of Justice has several federal statutes that are related to 18 U.S. Code 1513 retaliating against a witness, victim, or an informant, including the following:
- 18 U.S.C. 1501 - Assault on a process server.
- 18 U.S.C. 1502 - Resistance to extradition agent.
- 18 U.S.C. 1503 - Influencing or injuring officer or juror generally.
- 18 U.S.C. 1504 - Influencing juror by writing.
- 18 U.S.C. 1505 - Obstruction of proceedings before departments.
- 18 U.S.C. 1506 - Theft or alteration of record or process; false bail.
- 18 U.S.C. 1507 - Picketing or parading.
- 18 U.S.C. 1508 - Recording proceedings of grand juries.
- 18 U.S.C. 1509 - Obstruction of court orders.
- 18 U.S.C. 1510 - Obstruction of criminal investigations.
- 18 U.S.C. 1511 - Obstruction of state or local law enforcement.
- 18 U.S.C. 1512 - Tampering with a witness, victim, or an informant.
- 18 U.S.C. 1513 - Retaliating against a witness, victim, or an informant.
- 18 U.S.C. 1514 - Civil action to restrain harassment of a victim or witness.
- 18 U.S.C. 1514A - Civil action to protect against retaliation in fraud cases.
- 18 U.S.C. 1515 - Definitions for certain provisions; general provision.
- 18 U.S.C. 1516 - Obstruction of federal audit.
- 18 U.S.C. 1517 - Obstructing examination of a financial institution.
- 18 U.S.C. 1518 - Obstruction of health care criminal investigations.
- 18 U.S.C. 1519 - Destruction of records in federal bankruptcy.
- 18 U.S.C. 1520 - Destruction of corporate audit records.
- 18 U.S.C. 1521 - Retaliating against a Federal judge or law enforcement officer by false claim or slander of title.
What are the Penalties?
The penalties for retaliating against a federal witness are pretty severe. Here's how it breaks down:
- Killing: If the retaliation results in the death of the witness/victim, you could have life imprisonment or even the death penalty.
- Attempting to Kill: If you attempted to kill the person but failed, the penalty is up to 30 years in prison.
- Physical Injury: The penalty for causing or threatening physical injury or damage to property is up to 20 years in prison.
- Other Retaliatory Actions: The penalty for other forms of retaliation, such as interfering with the person's work or livelihood, is up to 10 years in prison.
What are Common Defenses?
Being accused of retaliating against a witness, victim, or informant under 18 U.S.C. 1513 is a serious matter. Still, there are several defenses that an experienced federal criminal defense attorney might employ to counter the charges. These include, but are not limited to:
- Lack of Retaliatory Intent: The most crucial element prosecutors must prove in these cases is that you intend to retaliate against the person in question. Thus, proving you did not act with this intent can significantly weaken the prosecution's case.
- Alibi: Providing an alibi that places you elsewhere during the alleged retaliatory act can be strong, especially if no other evidence specifically connects you to the act.
- First Amendment Rights: In some cases, the defense might argue that the First Amendment protected your actions. However, threats and actual harm are generally not covered by free speech protections, so this defense can only work if the witness or their property was not physically harmed and your words would not be reasonably perceived as a valid threat.
- Duress or Coercion: If you can show that you were coerced or forced into acting against the witness, victim, or informant, this may serve as a mitigating factor or complete defense.
- Violation of Rights: If law enforcement violated your constitutional rights during the investigation or arrest, the defense might seek to suppress evidence obtained unlawfully. This can include illegal searches and seizures or improper interrogation techniques.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
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