Witness intimidation is charged under G.L. c. 268, § 13B. It is a felony to threaten, harm, bribe, mislead, intimidate, or harass a witness or other protected person in order to interfere with a criminal investigation or court case, or to get back at someone for taking part in one. District Court Instruction 7.360 sets out what the Commonwealth must prove beyond a reasonable doubt.
At a Glance: Witness Intimidation
Up to 10 years
in state prison, 2½ years in jail, a $1,000–$5,000 fine, or both
Up to 20 years
if the case involves a crime punishable by life
Intent or recklessness
either one can satisfy the mental-state element
Retaliation counts
since April 13, 2018, punishing past participation is covered
The law: G.L. c. 268, § 13B, as amended by St. 2018, c. 69; District Court Instruction 7.360 (September 2022)
What the Law Covers
Section 13B makes it a crime to willfully, directly or through someone else:
threaten, attempt, or cause physical, emotional, or economic injury or property damage;
give or offer a gift, or promise anything of value; or
mislead, intimidate, or harass
a protected person, with the intent to interfere with a proceeding, or in reckless disregard that the conduct may interfere. It also covers acts meant to punish or retaliate against someone for taking part in a proceeding.
"Harass" has a specific meaning in the statute. It is an act directed at a specific person that seriously alarms or annoys them and would cause a reasonable person substantial emotional distress. That includes texts, calls, email, and other electronic messages.
Who Is Protected
Witnesses and potential witnesses.
Anyone aware of information, records, documents, or objects about a crime, or about a violation of probation, parole, bail, or another court order.
Judges, jurors, grand jurors, lawyers, victim witness advocates, police and correction officers, federal agents, investigators, clerks, court officers, court reporters, interpreters, and probation and parole officers.
Anyone attending a covered proceeding, or who has said they plan to attend.
Family members of any of these people.
The proceedings covered are broad. They include a criminal investigation at any stage, grand jury proceedings, dangerousness and motion hearings, trials, parole and probation violation hearings, and civil matters such as probate and family, juvenile, housing, and land cases, clerk's hearings, and court-ordered mediation.
What the Commonwealth Must Prove
Under Instruction 7.360, the Commonwealth must prove three things beyond a reasonable doubt:
The act. You willfully, directly or indirectly, did one of the things listed above to another person.
The person. That person was in one of the protected groups.
The mental state. Either you specifically intended to interfere with the investigation or proceeding, or to retaliate for someone's participation; or you acted in reckless disregard that your conduct might do that.
Recklessness is more than carelessness. The instruction says the Commonwealth must show you knew, or should have known, that your actions were very likely to interfere, and went ahead anyway. Read more about criminal intent.
Important Points from the Instruction
No proof of an actual crime is needed. For a criminal investigation, the Commonwealth doesn't have to prove a crime happened or that an investigation had started. It must prove that a possible crime occurred that would lead to an investigation or proceeding.
It doesn't have to work. An attempt to intimidate is enough, even if the person wasn't deterred.
Fear isn't required. Intimidation doesn't require that the person was actually put in fear of harm.
Retaliation since 2018. For acts on or after April 13, 2018, retaliating for past participation is covered. Before that date, it generally was not.
Penalties
Standard offense: up to 10 years in state prison, or up to 2½ years in the house of correction, or a fine of $1,000 to $5,000, or both a fine and imprisonment. Because it can be punished in state prison, it is a felony.
Case involving a crime punishable by life imprisonment (or the parole of someone convicted of one): up to 20 years in state prison, or up to 2½ years in the house of correction, or a fine of up to $10,000, or both.
Defenses
Not a protected person: the person contacted must fall into one of the statute's groups.
No prohibited act: the words or conduct must actually be a threat, harm, inducement, misleading statement, intimidation, or harassment.
No intent and no recklessness: a message sent for another reason, without the required mental state, is not this crime. Carelessness is not enough.
Context: short texts and brief conversations can be read many ways. The full exchange, its timing, and the relationship matter.
Identification: the Commonwealth must prove you sent the message or did the act, including messages from shared or anonymous accounts.
Why a Lawyer Matters
These charges often grow out of heated personal disputes and turn on the meaning of a few words. Because it is a felony carrying up to 10 years, it can be more serious than the case it grew out of. I have defended criminal cases for 23 years. If you have been charged with witness intimidation, call 781-393-5900.
Related Charges
Threats (G.L. c. 275, § 2): threatening to commit a crime against a person or property.
Criminal harassment (G.L. c. 265, § 43A): a pattern of conduct aimed at a specific person.
Stalking (G.L. c. 265, § 43): harassment combined with a threat.
False report of a crime (G.L. c. 269, § 13A): knowingly reporting a crime that did not happen.
Disclaimer
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
