Penal Law § 215.11

Tampering with a witness in the third degree · as in force on May 31, 2026

§ 215.11 Tampering with a witness in the third degree.

A person is guilty of tampering with a witness in the third degree when, knowing that a person is about to be called as a witness in a criminal proceeding:

1. He wrongfully compels or attempts to compel such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at such proceeding by means of instilling in him a fear that the actor will cause physical injury to such person or another person; or

2. He wrongfully compels or attempts to compel such person to swear falsely by means of instilling in him a fear that the actor will cause physical injury to such person or another person.

Tampering with a witness in the third degree is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/215.11

In plain English

A person who knows someone is about to be called as a witness in a criminal proceeding commits third-degree witness tampering by:

(1) using fear of physical injury to wrongfully force or try to force the witness to stay away from, avoid appearing at, or avoid testifying in the proceeding; or
(2) using fear of physical injury to wrongfully force or try to force the witness to swear falsely. ★

The offense is a class E felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.