(A) read as follows: “in the case of murder (as defined in section 1111), the death penalty or imprisonment for life, and in the case of any other killing, the punishment provided in section 1112;”. 110–177, § 205(1)(B), substituted “30 years” for “20 years” in concluding provisions. 110–177, § 205(3), substituted “3 years” for “one year” in concluding provisions. 107–273, § 3001(a)(1)(A), substituted “as provided in paragraph (3)” for “as provided in paragraph (2)” in concluding provisions. Others require a use of force, threat of force, or use of intimidation or coercion.Under the first type of statute, simply asking a witness to testify in your favor constitutes witness tampering.A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.
that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. He wrongfully compels or attempts to compel such person to swear falsely by means of instilling in him a fear that the actor will cause physical injury to such person or another person.A person is guilty of tampering with a witness in the second degree when he: 1. Supreme Court held that “the rule of forfeiture by wrongdoing extinguishes confrontation claims on essentially equitable grounds,” meaning it would not be fair for a defendant to take advantage of the Sixth Amendment confrontation clause rights by creating a situation of witness unavailability.A person is guilty of bribing a witness when he confers, or offers or agrees to confer, any benefit upon a witness or a person about to be called as a witness in any action or proceeding upon an agreement or understanding that (a) the testimony of such witness will thereby be influenced, or (b) such witness will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.