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Penal Code 136.1: Dissuading or Intimidating a Witness or Victim in California
Quick answer: California Penal Code § 136.1 makes it a crime to prevent or dissuade, or to attempt to prevent or dissuade, a victim or witness from reporting a crime, from causing or assisting a prosecution, from causing an arrest, or from attending or testifying at a court proceeding. The basic offense under subdivisions (a) and (b) is a wobbler, punishable by up to one year in county jail as a misdemeanor or by a state prison term as a felony. Under subdivision (c), the offense is a straight felony punishable by two, three, or four years in state prison if it was done knowingly and maliciously and involved force or a threat of force, a conspiracy, a prior conviction, or payment. An attempt is enough. It does not matter whether the witness was actually deterred. A felony conviction is a strike. The charge is most often filed in domestic violence cases, based on calls, texts, or recorded jail calls asking the other person not to cooperate.
Key Takeaways
- No threat is required for the basic offense. A request not to call police or not to come to court can be charged.
- The offense is complete on the attempt.
- Force or a threat of force makes it a straight felony with a prison triad of two, three, or four years.
- Any felony conviction under § 136.1 is a serious felony under Penal Code § 1192.7(c).
- The statute was amended effective January 1, 2026, after the California Supreme Court’s decision in People v. Reynoza.
- The charge usually sits on top of another case, and it often becomes the most serious count.
What the Statute Covers
| Subdivision | Conduct | Mental state | Classification |
|---|---|---|---|
| (a)(1), (a)(2) | Preventing or dissuading, or attempting to prevent or dissuade, a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law | Knowingly and maliciously | Wobbler |
| (b)(1) | Attempting to prevent or dissuade a victim or witness from making a report of the crime to police, prosecutors, probation or parole officers, or a judge | Knowingly, with intent to dissuade | Wobbler |
| (b)(2) | Attempting to prevent or dissuade a victim or witness from causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or from assisting in the prosecution | Knowingly, with intent to dissuade | Wobbler |
| (b)(3) | Attempting to prevent or dissuade a victim or witness from arresting, or causing or seeking the arrest of, any person in connection with the crime | Knowingly, with intent to dissuade | Wobbler |
| (c) | Any act in (a) or (b) committed with an aggravating circumstance | Knowingly and maliciously | Felony: 2, 3, or 4 years |
The aggravating circumstances in subdivision (c) are:
- the act was accompanied by force, or by an express or implied threat of force or violence, against the witness, the victim, a third person, or anyone’s property;
- the act was in furtherance of a conspiracy;
- the defendant has a prior conviction under this section or a similar law; or
- the act was committed for pecuniary gain or other consideration, at the request of another person.
“Maliciously,” as used in this part of the Penal Code, means an intent to vex, annoy, harm, or injure another person in any way, or to thwart or interfere with the orderly administration of justice. Courts have held that the malice requirement applies to subdivisions (a) and (c) and that subdivision (b) does not contain it.
People v. Reynoza and the 2026 Amendment
For decades, subdivision (b)(2) prohibited dissuading a victim or witness from “causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof.” Appellate courts disagreed about whether that language reached a defendant who pressured a witness only after charges had already been filed.
In People v. Reynoza (2024) 15 Cal.5th 982, the California Supreme Court resolved the split in the defendant’s favor. The Court found the provision ambiguous, applied the rule of lenity, and held that (b)(2) required proof of an attempt to prevent a charging document from being sought. Dissuasion that occurred only after the complaint was filed did not violate that subdivision, though it could violate others.
The Legislature responded with AB 535 (Stats. 2025, ch. 373), effective January 1, 2026, which amended subdivision (b)(2) so that dissuading a victim or witness from assisting in a prosecution is covered whether or not charges have already been filed. Two practical points follow:
- For conduct before January 1, 2026, Reynoza still governs a (b)(2) charge, and the timing of the alleged statement relative to the filing of the complaint can be a complete defense to that count.
- For conduct on or after January 1, 2026, post-filing pressure on a witness can be charged under (b)(2) as well as under subdivision (a).
How the Charge Arises in Domestic Violence Cases
Most § 136.1 prosecutions do not involve organized intimidation. They involve people who know each other, usually in the hours and days after an arrest.
- During the incident. Taking or breaking a phone while the other person is trying to call 911. This is commonly charged under (b)(1), often with Penal Code § 591.5 (damaging or obstructing a communication device to prevent a call for help).
- From jail. Recorded calls with statements such as “tell them you don’t want to press charges,” “don’t go to court,” or “say you don’t remember.” Every jail call begins with a warning that it is recorded, and prosecutors listen.
- After release. Texts, social media messages, or visits asking the person to recant or to avoid a subpoena. If a criminal protective order or emergency protective order is in place, each contact is also a separate violation of that order.
- Through others. A relative or friend who delivers the message can be charged, and so can the person who asked them to, including on a conspiracy theory under subdivision (c)(2).
- With promises instead of threats. Offers to pay rent, to move out, or to drop a custody request in exchange for not testifying.
Prosecutors add this count for a reason. In a domestic violence case where the complaining witness has recanted, a recorded request not to cooperate helps explain the recantation to a jury, and the count can carry more time, and a strike, when the underlying charge is a misdemeanor. See domestic violence defense and Penal Code § 273.5.
Penalties
| Charge | Custody | Other consequences |
|---|---|---|
| Misdemeanor, § 136.1(a) or (b) | Up to 1 year in county jail | Fine, probation, protective order, 10-year firearm prohibition under Penal Code § 29805 |
| Felony, § 136.1(a) or (b) | State prison term of 16 months, 2 years, or 3 years | Serious felony (strike), lifetime firearm prohibition, fine up to $10,000 |
| Felony, § 136.1(c) | State prison for 2, 3, or 4 years | Serious felony (strike), lifetime firearm prohibition, fine up to $10,000. Use of force is a circumstance in aggravation. |
Additional exposure:
- Enhancements. A gang allegation under Penal Code § 186.22 or a great bodily injury allegation can add substantial time.
- Consecutive sentencing. Penal Code § 1170.15 provides for a full consecutive middle term, not the usual one-third, when a felony § 136.1 conviction involves the victim or witness of another felony for which the defendant is also sentenced.
- Bail and release. A dissuading allegation is a basis for higher bail, a no-contact condition, and remand.
- Immigration. Offenses involving interference with witnesses can carry serious immigration consequences for non-citizens, and the analysis depends on the subdivision and the sentence.
Related Offenses
| Statute | Conduct |
|---|---|
| Penal Code § 137 | Bribing a witness, or using force, threats, or fraud to induce false testimony or the withholding of testimony |
| Penal Code § 138 | Bribing a witness not to attend trial |
| Penal Code § 140 | Threatening or using force against a witness or victim in retaliation for having provided information |
| Penal Code § 591.5 | Damaging or obstructing a phone or wireless device to prevent a call for help |
| Penal Code § 422 | Criminal threats |
| Penal Code § 166 and § 273.6 | Violating a criminal protective order or restraining order |
| Penal Code § 646.9 | Stalking |
Defenses to a Dissuading Charge
No intent to dissuade
The prosecution must prove the defendant intended the words or conduct to keep the person from reporting, assisting, or testifying. Angry or emotional statements (“Why are you doing this to me?”), apologies, and conversations about the relationship are not automatically attempts to dissuade. The exact words, the full conversation, and the tone on a recording matter.
The statement was not about reporting, prosecution, or testimony
Each subdivision targets a specific act by the witness. A statement that does not relate to any of them, or that relates to an act not covered by the subdivision charged, does not satisfy the statute. This is where Reynoza applies to pre-2026 conduct.
No malice
For charges under subdivisions (a) and (c), the People must prove malice. Evidence that the defendant was a family member who interceded in an effort to protect the witness or victim creates a statutory presumption that the act was without malice.
The person was not a “witness” or “victim” as defined
Penal Code § 136 defines these terms. Whether a crime had been committed or was reasonably believed to have been committed, and whether the person had knowledge of facts relating to it, can be contested.
No force or threat, for subdivision (c)
The difference between a wobbler and a straight felony frequently turns on whether a statement carried an “implied threat of force.” Context and the listener’s reaction are both evidence.
Lawful advice or lawful contact
Telling a witness the truth about their legal rights is not a crime. Defense attorneys and investigators lawfully contact witnesses every day. The line is crossed when the purpose is to keep the person from cooperating or appearing.
Insufficient or unreliable evidence
Many cases rest on one person’s account of an unrecorded conversation, or on a translated or partial recording. Attribution of text messages and social media accounts is often disputed.
If There Is a Restraining Order Case Too
When a restraining order petition and a criminal case arise from the same events, any contact with the other party “to work it out” creates exposure on three fronts at once: a violation of the temporary order, a new dissuading count, and damaging evidence at the restraining order hearing. Communication about the cases should go through counsel. See restraining order hearings with a pending criminal case and defending against false violation allegations.
What to Do If You Are Accused
- Have no contact with the alleged victim or any witness, directly or through family or friends.
- Assume every jail call, jail visit, and jail message is recorded and reviewed.
- Do not ask anyone to pass along a message, even an apology.
- Preserve your phone and accounts as they are. Do not delete anything.
- Do not discuss the facts with police without a lawyer. See what to do when police want to talk to you.
- Retain counsel before the next court date. See arraignments in California and the bail system.
What Is Lawful and What Is Not
| Statement or act | Likely analysis |
|---|---|
| “Don’t call the police,” said while taking the other person’s phone | Attempt to prevent a report under (b)(1). If force was used, exposure under (c)(1). Possibly Penal Code § 591.5 as well. |
| “If you testify, you’ll be sorry” | Dissuasion with an implied threat of force. Straight felony exposure under (c)(1). |
| “Please don’t go to court, I’ll lose my job” | No threat, but still an attempt to dissuade a witness from attending. Chargeable as a wobbler. |
| “Tell them you made it up” | May be charged under § 136.1 and also under Penal Code § 137 as inducing false testimony |
| “I’m sorry. I hope we can work this out someday.” | Not, by itself, an attempt to dissuade, though it may violate a no-contact order |
| “Just tell the truth” | Not dissuasion |
| A defense investigator interviewing the witness and explaining that speaking with the defense is voluntary | Lawful |
| A relative telling the witness “you’d better think about what you’re doing to this family” | Fact-dependent. Can be charged against the relative, and against the defendant if the defendant requested it. |
Examples are illustrative. Words are evaluated in context, including tone, history between the parties, and any court orders in effect.
Two rules keep people out of trouble. First, when a protective order prohibits contact, there is no safe message, however well-intended. Second, anything that needs to be communicated to a witness about a pending case should go through defense counsel.
Frequently Asked Questions
What is dissuading a witness under Penal Code 136.1?
It is knowingly and maliciously preventing or discouraging a witness or victim from attending or testifying at a legal proceeding, or attempting to prevent or discourage a victim or witness from reporting a crime, seeking or assisting a prosecution, or causing an arrest.
Is dissuading a witness a felony in California?
It is a wobbler under subdivisions (a) and (b), meaning it can be charged as a misdemeanor or a felony. Under subdivision (c) it is a straight felony punishable by two, three, or four years in state prison when it involves force or a threat of force, a conspiracy, a prior conviction, or payment.
Is Penal Code 136.1 a strike?
A felony conviction for intimidating a victim or witness under section 136.1 is listed as a serious felony, which makes it a strike under California’s Three Strikes law. Whether it also qualifies as a violent felony depends on additional findings.
Can I be charged if the witness testified anyway?
Yes. The statute punishes the attempt. It is not a defense that the effort failed or that no one was actually intimidated or injured.
Can I be charged for asking my partner to drop the charges?
Yes, that is one of the most common ways this charge arises. Asking, pressuring, or encouraging an alleged victim not to cooperate with police or prosecutors, or not to come to court, can be charged under section 136.1 even without any threat.
Are jail phone calls used as evidence?
Yes. Calls from jail are recorded, and prosecutors routinely review them in domestic violence cases. Statements on those calls are a leading source of dissuading charges.
What did People v. Reynoza decide?
In 2024 the California Supreme Court held that subdivision (b)(2), as then written, required proof that the defendant tried to prevent a charging document from being sought, so it did not reach dissuasion that occurred only after charges were already filed. The Legislature amended the statute effective January 1, 2026 in response.
Can a family member be charged for trying to keep a relative out of court?
Yes, although under subdivision (a) evidence that the defendant was a family member who interceded to protect the witness or victim creates a presumption that the act was without malice.
Does a misdemeanor conviction affect gun rights?
Yes. A misdemeanor conviction under section 136.1 is among the offenses that trigger a 10-year firearm prohibition under Penal Code 29805. A felony conviction results in a lifetime prohibition.
What should I do if I am accused of dissuading a witness?
Stop all contact with the witness or alleged victim, directly and through others. Do not discuss the case on recorded lines. Speak with a defense attorney, who can communicate with witnesses lawfully through an investigator if needed.
Legal Authorities Referenced
- Penal Code §§ 136, 136.1, 136.2, 137, 138, 140, 166, 186.22, 273.6, 422, 591.5, 1170.15, 1192.7(c), 29805
- AB 535 (Stats. 2025, ch. 373), effective January 1, 2026
- People v. Reynoza (2024) 15 Cal.5th 982; People v. Brackins (2019) 37 Cal.App.5th 56
- CALCRIM Nos. 2622, 2623
Talk to a Criminal Defense Attorney
Power Trial Lawyers defends witness dissuasion charges, the domestic violence cases they are usually attached to, and related restraining orders across Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties. Contact the firm to discuss your case.
This page provides general information about California law. It is not legal advice, and reading it does not create an attorney-client relationship. Penal Code § 136.1 was amended effective January 1, 2026, and which version applies depends on the date of the alleged conduct. Confirm details with counsel about your situation. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.