Witness Tampering and Bribery Charges in Minnesota

Witness Tampering (Minn. Stat. § 609.498)

Minnesota grades witness tampering by the seriousness of the conduct:

First-Degree Witness Tampering (Felony)

Committed by intentionally using force or threats of injury to a person or property to:

• prevent or dissuade someone from testifying or attending a proceeding;
• coerce false testimony;
• prevent someone from giving information about a crime to law enforcement, or coerce false information; or
• retaliate by threat against someone who testified or gave information (within the statutory time window).

There's also an aggravated first-degree version, with a higher penalty, where the person causes or credibly threatens great bodily harm or death.

Second-Degree Witness Tampering (Gross Misdemeanor)

Intentionally using coercion (rather than force or injury threats) to prevent, dissuade, or influence a witness's testimony or cooperation.

Third-Degree Witness Tampering (Misdemeanor)

The least serious tier — using intimidation to prevent, dissuade, or influence a witness, in cases not covered by the more serious degrees.

"Coercion" here has a specific statutory meaning — such as threatening to harm someone's business or profession, expose a secret, publish a defamatory statement, or cause a criminal charge (with a good-faith exception for police and prosecutors).

What this means for you: The degree — and whether it's a felony at all — depends heavily on whether the state can prove force, coercion, or just intimidation. The exact words used and the context are central.

Bribing or Influencing a Witness

It's a felony to offer, give, or promise any benefit to a person who is, or is about to become, a witness, with intent to influence their testimony or keep them from appearing — and equally a felony for a witness to solicit or accept such a benefit. A few important points Minnesota law establishes:

• It's a crime even to attempt a bribe.
• It's no defense that you believed the testimony you tried to buy would be truthful.
• A person can be "about to become" a witness even if no proceeding is pending and no subpoena has issued — the law reaches attempts to influence prospective witnesses in anticipated litigation.
• The person giving a bribe is not an accomplice of the one receiving it, so their testimony doesn't require corroboration.

Bribery of Public Officials (Minn. Stat. § 609.42)

Minnesota's bribery statute makes it a felony to offer, give, or promise any benefit, reward, or consideration the person isn't entitled to, to a public officer or employee (or a witness), with intent to influence their official duties — and likewise a felony for the official to solicit or accept it. "Public officer" is defined broadly to include executive and administrative officials, legislators, judicial and hearing officers, and law enforcement officers.

An essential element is that the accused knew the official character of the person they tried to bribe.

Related: Judicial Misconduct and Jurors (Minn. Stat. § 609.415)

It's a misdemeanor for a judicial or hearing officer to improperly agree how they'll decide a case, or to obtain and use information outside the regular course of the proceeding. Minnesota's drafting has been read to include jurors within "judicial or hearing officer," though the statute no longer names them expressly.

Key Terms

• Witness tampering: Trying to prevent, dissuade, or influence a witness, graded by force, coercion, or intimidation.
• Coercion: A specific category of threats (to business, reputation, etc.) defined by statute.
• Bribery: Offering or accepting something of value to influence a witness or public official.
• "About to become" a witness: Covers prospective witnesses even before any case is filed.