Section 35-44.1-2-2 - Obstruction of justice(a) A person who: (1) knowingly or intentionally induces, by threat, coercion, false statement, or offer of goods, services, or anything of value, a witness or informant in a legal proceeding or an administrative or criminal investigation to:(A) withhold or unreasonably delay in producing any testimony, information, document, or thing that the witness or informant is legally required to produce;(B) avoid legal process summoning the person to testify or supply evidence;(C) absent the person from a proceeding or investigation to which the person has been legally summoned; or(D) give a false or materially misleading statement;(2) knowingly or intentionally in a legal proceeding or an administrative or criminal investigation: (A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders the person to produce the testimony, information, document, or thing;(B) avoids legal process summoning the person to testify or supply evidence; or(C) absents the person from a proceeding or investigation to which the person has been legally summoned;(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any legal proceeding or administrative or criminal investigation;(4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in a legal proceeding or an administrative or criminal investigation to mislead a public servant;(5) communicates with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror; or(6) being employed by a court or law enforcement agency, notifies the subject of a warrant of the warrant, with the intent to interfere with the execution of the warrant; commits obstruction of justice, a Level 6 felony, except as provided in subsection (b).
(b) Except as provided in subsection (e), the offense is a Level 5 felony if, during the investigation or pendency of a domestic violence or child abuse case under subsection (c), a person knowingly or intentionally:(1) offers, gives, or promises any benefit to;(2) communicates a threat as defined by IC 35-45-2-1(c) to; or(3) intimidates, unlawfully influences, or unlawfully persuades; any witness to abstain from attending or giving testimony, or to give a false or materially misleading statement, at any hearing, trial, deposition, probation, or other criminal proceeding or from giving testimony or other statements, including giving a false or materially misleading statement, to a court or law enforcement officer under IC 35-31.5-2-185.
(c) As used in this section, "domestic violence or child abuse case" means any case involving an allegation of:(1) the commission of a crime involving domestic or family violence under IC 35-31.5-2-76 involving a family or household member under IC 35-31.5-2-128;(2) the commission of a crime of domestic violence under IC 35-31.5-2-78 involving a family or household member under IC 35-31.5-2-128; or(3) physical abuse, sexual abuse, or child neglect, including crimes listed under IC 35-31.5-2-76 involving a victim who was less than eighteen (18) years of age at the time of the offense, whether or not the person is a family or household member under IC 35-31.5-2-128.(d) Subsection (a)(2)(A) does not apply to: (1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or(2) a person who, as:(C) a member of the clergy; or(D) a husband or wife; is not required to testify under IC 34-46-3-1.
(e) Subsections (a) and (b) do not apply to:(3) a law enforcement officer; or(4) a judge; engaged in that person's professional or official duties.
Amended by P.L. 209-2023,SEC. 3, eff. 7/1/2023.Amended by P.L. 5-2022,SEC. 5, eff. 7/1/2022.Amended by P.L. 174-2021,SEC. 74, eff. 7/1/2021.Amended by P.L. 252-2017,SEC. 15, eff. 7/1/2017.Amended by P.L. 158-2013, SEC. 502, eff. 7/1/2014.Added by P.L. 126-2012, SEC. 54, eff. 7/1/2012.