It is a felony in Massachusetts to intimidate, harass, threaten, mislead, or try to influence a witness, potential witness, juror, court employee, police officer, or their family members. The law is G.L. c. 268, § 13B. Prosecutors use it often in domestic-violence cases and in any matter where someone is accused of trying to stop another person from cooperating with the police or the courts.
This article explains, in plain terms, what the statute covers, what the Commonwealth must prove, who is protected, what penalties apply, and what defenses are commonly raised.
What the Law Prohibits
The statute makes it a crime to willfully do any of the following, either directly or through someone else:
- Threaten, attempt to injure, or actually injure another person physically, emotionally, or economically, or damage their property;
- Offer or give a gift, money, or anything of value; or
- Mislead, intimidate, or harass the person.
The conduct must be aimed at a protected person, and the defendant must act with the intent to interfere with an investigation or court proceeding, or with reckless disregard for the chance that the conduct will have that effect. The same statute also covers acts done to punish or retaliate against someone for taking part in a proceeding.
Who the Law Protects
The protected group is broad. It includes:
- Witnesses and potential witnesses;
- Anyone who has information, records, or documents related to a crime or to probation, parole, or bail conditions;
- Judges, jurors, grand jurors, lawyers, victim-witness advocates, police officers, correction officers, investigators, court clerks, court officers, and similar officials;
- People who are attending, or who have said they plan to attend, a covered proceeding; and
- Family members of any of the people listed above.
A person does not have to be formally listed as a witness. Anyone who might reasonably be expected to have information can fall within the statute.
What the Commonwealth Must Prove
To convict, the Commonwealth must prove three things beyond a reasonable doubt:
- The defendant willfully engaged in one of the prohibited acts (threat, injury, gift or promise, misleading, intimidation, or harassment), either directly or indirectly;
- The target of that conduct was a person the statute protects; and
- The defendant acted with the specific intent to interfere with a covered investigation or proceeding, or with reckless disregard for the risk that the conduct would interfere, or with the intent to retaliate for someone’s participation.
The intimidation does not have to succeed. The law punishes the attempt. It is enough that the conduct would intimidate a reasonable person, even if the particular target was not actually scared or deterred.
What Proceedings Are Covered
The statute reaches a wide range of proceedings. These include criminal investigations at any stage, grand-jury proceedings, dangerousness hearings, motion hearings, trials, parole and probation violation hearings, and many civil matters such as probate, family, juvenile, housing, and land cases, as well as clerk’s hearings and court-ordered mediations.
Penalties
A conviction is a felony. The basic maximum is ten years in state prison, or two and one-half years in the house of correction, or a fine between $1,000 and $5,000, or both a fine and imprisonment. If the underlying case involves a crime that carries a possible life sentence, the maximum rises to twenty years in state prison and a fine of up to $10,000.
Common Defense Approaches
Defense counsel often examine the following issues:
- Whether the person contacted was actually a protected person under the statute;
- Whether the words or actions rose to the level of a threat, intimidation, or harassment;
- Whether the defendant had the required intent or acted only with ordinary carelessness;
- The full context of any text messages, calls, or social-media posts; and
- Whether the speech was protected advocacy rather than true intimidation.
Frequently Asked Questions
Can I be charged just for asking someone not to testify?
A simple request is not automatically a crime. The Commonwealth still has to prove that the conduct amounted to a threat, intimidation, or harassment and that the defendant acted with the required mental state. Context matters a great deal.
Does the witness have to be actually frightened?
No. The focus is on what a reasonable person would feel, not on the particular witness’s reaction.
Can the charge be brought before any formal case is filed?
Yes. The statute covers interference with a criminal investigation at any stage, including before charges are filed, and it protects potential witnesses.
Why Experienced Counsel Matters
These charges often grow out of heated personal disputes and turn on the meaning of short text messages or brief conversations. Because the offense is a felony with serious exposure, careful early review of the facts, the protected status of the other person, and the defendant’s intent is essential.
Contact Criminal Defense Attorney William J. Barabino
If you or a loved one has been charged with intimidation of a witness, early legal help is important. The Law Office of William J. Barabino provides focused criminal defense throughout Massachusetts.
Call 781-393-5900 for a confidential consultation.
Visit williambarabino.com for more information on criminal charges and defenses.
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Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. The law is subject to change, and the application of legal principles depends on the specific facts of each case. Reading this material does not create an attorney-client relationship. For advice regarding your particular situation, consult a qualified Massachusetts criminal defense attorney.
