Obstruction by Violence (18 U.S.C. 1512(a))

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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)