Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief. Any person who provides other reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance. For a conviction, it must be proved that an accused believed a crime was being committed and that a victim was exposed to bodily harm. In order for the prosecutor to convict you of this offense, he/she must prove the following facts (otherwise known as "elements" of the crime): Let's take a closer look at some of these terms to gain a better understanding of their legal definitions.Knowingly Before prosecutors can convict you of Penal Code 136.1 PC California's "dissuading a witness" law, they must be able to prove that you dissuaded or intimidated a witness or victim.You are able to take out your phone, take a picture of the perpetrator, and call 911.When the police arrive, you give them the information that you witnessed, and three months later you get a subpoena to appear and testify in court.To be found guilty of this offense, a person must do something that tries to or actually does intimidate a person who is called to court in North Carolina or is a witness to a case.
As you are unpacking your groceries, you are the witness to a carjacking.During your conversation, you tell him about someone who testified against one of your friends who was killed just after the trial.Under these circumstances, although your conversation may have intimidated Bob (and even discouraged him from testifying), you didn't knowingly do so and therefore didn't violate Penal Code 136.1 PC.The person that committed the carjacking is released from jail; they know who you are, and as you are walking out after court they approach you and say to you the above statements. Under North Carolina law, there is a possibility that a few things have occurred.Intimidating or interfering with a witness is a Class G felony punishable by a maximum sentence of 25-39 months in the Department of Adult Corrections.