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KRS 524.040

Intimidating a participant in the legal process

Applied in 17 court decisions — leading case Arnold v. Wilder (2011)

Most recently applied in Terry v. Commonwealth (December 2017)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

1982199020002010201730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person is guilty of intimidating a participant in the legal process when, by use of harassing communications as described in KRS 525.080, physical force, or a threat directed to a person he or she believes to be a participant in the legal process, he or she:

(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion of that person;

(b) Induces, or attempts to induce, that person to avoid legal process summoning him or her to testify;

(c) Induces, or attempts to induce, that person to absent himself or herself from an official proceeding to which he has been legally summoned;

(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;

(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; or (f) Hinders, delays, or prevents the communication to a law enforcement officer or judge of information relating to the possible commission of an offense or a violation of conditions of probation, parole or release pending judicial proceedings.

(2) For purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and (b) The testimony, record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(3) Intimidating a participant in the legal process is a Class D felony.

(4) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.