CALCRIM No. 2622

The defendant is charged [in Count] with intimidating a witness

[in violation of Penal Code section 136.1].

To prove that the defendant is guilty of this crime, the People must

prove that:

<Alternative 1A—attending or giving testimony>

[1. The defendant maliciously (tried to (prevent/ [or] discourage)/

(prevented/ [or] discouraged)) <insert

name/description of person defendant allegedly sought to influence>

from (attending/ [or] giving testimony at) <insert

type of judicial proceeding or inquiry authorized by law>;]

<Alternative 1B—report of victimization>

[1. The defendant (tried to (prevent/ [or] discourage)/(prevented/ [or]

discouraged)) <insert name/description of person

defendant allegedly sought to influence> from making a report that

(he/she/someone else) was a victim of a crime to

<insert type of offıcial specified in Pen. Code, § 136.1(b)(1)>;]

<Alternative 1C—causing prosecution>

[1. [Before the charge[s] (was/were) filed,] (T/t)he defendant (tried to

(prevent/ [or] discourage)/(prevented/ [or] discouraged))

<insert name/description of person defendant allegedly

sought to influence> from cooperating or providing information so

that a (complaint/indictment/information/probation

violation/parole violation) could be sought and prosecuted, and

from helping to prosecute that action;]

<Alternative 1D—causing arrest>

[1. The defendant (tried to (prevent/ [or] discourage)/(prevented/ [or]

discouraged)) <insert name/description of person

defendant allegedly sought to influence> from (arresting[,]/ [or]

(causing/ [or] seeking) the arrest of [,]) someone in connection

with a crime;]

2. <insert name/description of person defendant allegedly

sought to influence> was a (witness/ [or] crime victim);

AND

3. The defendant knew (he/she) was (trying to (prevent/ [or]

discourage)/(preventing/ [or] discouraging)) <insert

name/description of person defendant allegedly sought to influence>

from <insert appropriate description from element 1>

and intended to do so.

[A person acts maliciously when he or she unlawfully intends to annoy,

harm, or injure someone else in any way, or intends to interfere in any

way with the orderly administration of justice.]

[As used here, witness means someone [or a person the defendant

reasonably believed to be someone]:

<Give the appropriate bracketed paragraph[s].>

• [Who knows about the existence or nonexistence of facts relating

to a crime(;/.)]

[OR]

• [Whose declaration under oath has been received as evidence or,

but for the defendant’s conduct, would have been received as

evidence(;/.)]

[OR]

• [Who has reported a crime to a (peace officer[,]/ [or]

prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional

officer[,]/ [or] judicial officer)(;/.)]

[OR

• [Who has been served with a subpoena issued under the authority

of any state or federal court.]]

[A person is a victim if there is reason to believe that a federal or state

crime is being or has been committed or attempted against him or her.]

[It is not a defense that the defendant was not successful in preventing

or discouraging the (victim/ [or] witness).]

[It is not a defense that no one was actually physically injured or

otherwise intimidated.]

New January 2006; Revised September 2020, March 2023, February 2025,

February 2026