https://www.everycrsreport.com/reports/RL34303.html
Obstruction by Violence (18 U.S.C. 1512(a))
Subsection 1512(a) has slightly different elements depending upon whether the offense involves a killing or attempted killing—18 U.S.C. 1512(a)(1)—or some other use of physical force or a threat—18 U.S.C. 1512(a)(2).6 In essence, they condemn the use of violence to prevent a witness from testifying, producing evidence for an investigation, or bringing a crime to the attention of authorities, and they set their penalties according to whether the obstructive violence used is a homicide, an assault, or a threat. In more exact terms, they declare:
1512(a)(1) | 1512(a)(2) |
I. Whoever | I. Whoever |
II. a. kills or b. attempts to kill | II. a. uses physical force, b. attempts to use physical force, c. uses the threat of physical force, or d. attempts to use the threat of physical force |
III. with the intent to | III. with the intent to |
a. prevent attendance or testimony at an official proceeding (i.e., a federal judicial, legislative or administrative proceeding) | a. influence, delay, or prevent testimony at an official proceeding |
b. prevent the production of an item at an official proceeding | b. cause or induce another to withhold testimony or an item at an official proceeding |
c. prevent the communication to U.S. law enforcement authorities of a federal offense or a violation of probation, parole, or supervised release. | c. hinder, delay or prevent the communication to U.S. law enforcement authorities of a federal offense or a violation of probation, parole, or supervised release |
d. cause or induce another to alter, conceal or destroy an item with the intent to make unavailable | |
e. cause or induce another to evade process | |
f. cause or induce another to fail to comply with process | |
IV. shall be punished under §1512(a)(3) | IV. shall be punished under §1512(a)(3) |
