(1) Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-501 apply to this section. (2) An actor commits tampering with a witness if the actor: (a) (i) believes that an official proceeding or investigation is pending or about to be instituted; or (ii) intends to prevent an official proceeding or investigation; and (b) attempts to induce or otherwise cause another individual to: (i) testify or inform falsely; (ii) withhold testimony, information, a document, or an item; (iii) elude legal process summoning the individual to provide evidence; or (iv) absent the individual from a proceeding or investigation to which the individual has been summoned. (3) A violation of Subsection (2) is a third degree felony. (4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.
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