The disclosure requirement in paragraph (a) is intended to deter sham allegations of the existence of an inconsistent statement. Not only that, perjury in Texas is a crime of moral turpitude, which means the public generally considers it morally wrong. For example, even though a literal application of the Rule would suggest that any prior inconsistent statement is admissible as substantive evidence so long as it is one of the three enumerated types under oath, tape recorded, or signed that may not necessarily be so. This was confusing to me and it had to be to the jury as well. In a sense, a person must make a false statement with an intent to defraud. I once was crossing the author of one of the FBIs books on evidence. Accordingly, it is necessary to include materiality as an element of the offense in this instruction. Marcus has most likely committed perjury in this example. 1. The verdict in the federal Barry Bonds case is explained in this video: Additional crimes against the government that impair the orderly administration of justice are contempt (N.C. Gen. Stat. Stat. Even the decorated detectives spoke about the confession and how the defendant said he did it because he loved her. Strategically, you need to maximize the impact of the inconsistent statement while minimizing loss of control over the witness. In criminal cases, government investigators often talk to witnesses while out on the field. Penal Code 93), any judicial officer, juror, referee, umpire (Cal. Therefore, perjury charges are more likely in high-profile cases. 162.275, accessed May 7, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html. The jury knew where the defense attorney was going and they understood the soft impeachment. This section analyzes perjury, bribery, and obstruction of justice, along with the issues commonly encountered when prosecuting these offenses. ! Evidence that the defendant has a criminal record may be admissible solely to impeach. The attention span of individuals is very short. 18 U.S.C. If the witness is one whom the jury should distrust, I tend to proceed with the impeachment at the very beginning of the cross-examination so that the remainder of the testimony is viewed as incredible, inconsistent, or potentially tainted. N.Y. A statement is "inconsistent" "if under any rational theory it might lead to any relevant conclusion different from any other relevant conclusion resulting from anything the witness said." Weinstein's Federal Evidence 613.04 [1]. Ann. penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is . 2. Wong, 431 U.S. 174, 180 (1977) (recognizing that perjury is never a protected option). You will also establish that everything the witness says should be called into question. Penal Law 200.00, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html. inconsistent statements comply with the language of the rule, then . Or. 162.265, accessed May 6, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.265.html. Hancock v. Aggravated perjury is a third-degree felony, which is punishable by 2 to 10 years in prison and a $10,000 fine. After a trial in the Senate, he was acquitted of both counts and thereafter served out his term as president (Historyplace.com, 2011). If the opportunity arises while the witness is on direct, do your math, and lest you have an idea for a stronger placement, consider using it to begin your cross, and then transition into what you had intended all along, circling back for emphasis, as appropriate. On cross, you will confront the witness about these statements. Sex crimes against children. 90.608 (1) recognizes that one may impeach a witness by introducing statements of the witness which are inconsistent with the witness' present testimony. I teach that cross examination should be separated into three sections. See Instruction 8.135 (Perjury-Testimony). Connecticut Jury Instructions 53a-156, accessed May 5, 2011, http://www.jud.ct.gov/ji/criminal/part4/4.5-9.htm. N.Y. (1) Prior Inconsistent Statement of Declarant-Witness. You should make a list of each statement made by the other party that you believe to be false. These facts were not in dispute, everyone saw the tape, there was no need to get into the small details. In the face of mounting evidence that she had used PEDs, Jones pleaded guilty to two charges of perjury in 2007 and admitted that she had used the designer steroid The Clear. Stat. Witness testimony is important in a variety of settings. Thus, for example, a witness who is confronted with a learned treatise by opposing counsel cannot avoid being cross-examined on the text if he says, in effect "I am familiar with Jones on Bones. She knows the case will generate significant publicity, so Susannah shaves ten years off of her age when asked routine background questions by the prosecutor. 162.295, accessed May 7, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.295.html. If I want to contradict the direct, I bring it out in phase two. The crime of bribery is often extended to apply to persons other than public officials, such as employees, agents, or fiduciaries for the purpose of influencing the bribed individuals on-the-job conduct, which is called commercial bribery. Barry Bonds, a baseball player and record-breaking home run hitter for the San Francisco Giants, was found guilty by a federal jury for obstruction of justice, based on his refusal to answer a question during a grand jury investigation of his steroid use (Macur, J., 2011). The defense was doing a great job with this theme and there seemed to be some reasonable doubt. Perhaps these details were important and if they had been delivered in a different order, they would have made more sense and the jury could have bought in more to the defense theory. Stat. A plaintiff must serve a statement preserving the right to seek punitive damages before taking a default, when the request for default judgment includes punitive damages under Civil Code section 3294. Assume for a moment that at trial, on direct examination, the Plaintiff testifies that when he went through the light it was green; however, when the Plaintiff testified during his deposition he testified that he couldnt remember what color the light was. Define the elements of various forms of obstruction of justice, and analyze obstruction of justice grading. (a) A person commits the crime of perjury by inconsistent statements if. If I can argue that the prior statement is the truth (either exception to hearsay or not hearsay, such as a party statement), then I bring it out in phase one. Ann. Penal Law 180.00, 2011). Penal Law 200.04, 2011). How significant is the inconsistency? There, it usually is best to structure your cross so that the impeachment comes toward the end of the cross. N.C. Gen. Stat. The obstruction of justice conviction resulted from Bondss evasive answer to the question of whether his personal trainer had ever injected him with steroids (Macur, J., 2011). In modern times, many criminal statutes define bribery as conferring, offering, agreeing to confer, or soliciting, accepting, or agreeing to accept any benefit upon a public official (criminal act) with the specific intent or purposely or the general intent or knowingly to form an agreement or understanding that the public officials vote, opinion, judgment, action, decision, or exercise of discretion will be influenced by the benefit (N.Y. For example, if the prior statement is an oral statement given to a police officer, it is important to emphasize the following: (1) where the witness was when they made the statement; (2) the fact that the witness made the statement right after the event when it was fresh in their mind; Aggravating and Mitigating Factors in Criminal Sentencing, Receiving Immunity for Testimony in a Criminal Case, Criminal Attempt, Conspiracy, and Aiding and Abetting, Federal Crimes, Cybercrimes, and Juvenile Crimes, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. In actuality, Marcus was shopping for jewelry as a gift for his girlfriend. In the Middle Ages, the witnesses were the jurors, so the criminalization of false witness testimony did not occur until the sixteenth century when the idea of a trial by an impartial jury emerged. Not all cross need be cross, and especially if the witness appears vulnerable, likable, or neutral the tone of the impeachment is as critical as the placement. Charged with multiple felonies including two counts of attempted murder, the attorney did not object to a single prosecution witness. (1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided . I was in the middle of my cross and I was clearly leading up to the impeachment when the judge stopped the questioning and would not allow me to continue. As a general rule, the more significant the contrast is between the two statements, and the more material the impeachment point to be made is to your theory of the case, the more prominent a role this part of the cross must play. The requirement that a false statement is material to the proceeding may be the most important element of perjury. Most perjury offenses are subject to the possibility of up to five years in . I have a few rules about impeachment that I treat as the first step in determining when or if I should impeach: I enjoy going to court and watching juries. When an inconsistent statement is elicited on cross-examination, I recommend impeaching the witness right then and there. Where it fits into the overarching story the cross-examiner needs to tell. 575.040, accessed May 5, 2011, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm. The biggest issues commonly encountered in any perjury prosecution are proving the validity of the oath, the defendants criminal intent, the materiality of the false statement, and any requirement of corroborative evidence. Section 13 Example of a Case Lacking an Element of Perjury, perjury by inconsistent or contradictory statements, http://scholar.google.com/scholar_case?case=14705028387089517508&q= %22State+v.+Carr%22&hl=en&as_sdt=2,5, http://scholar.google.com/scholar_case?case=3089258849772766127&q= %22witness+tampering%22&hl=en&as_sdt=4,33&as_ylo=2003, http://law.onecle.com/alabama/criminal-code/13A-10-104.html, http://law.onecle.com/alabama/criminal-code/13A-10-107.html, http://law.onecle.com/alabama/criminal-code/13A-10-108.html, http://law.onecle.com/alabama/criminal-code/13A-10-61.html, http://law.onecle.com/arizona/criminal-code/13-2807.html, http://law.onecle.com/california/penal/129.html, http://law.onecle.com/california/penal/74.html, http://law.onecle.com/california/penal/85.html, http://law.onecle.com/california/penal/86.html, http://law.onecle.com/california/penal/88.html, http://law.onecle.com/california/penal/92.html, http://law.onecle.com/california/penal/93.html, http://www.law.cornell.edu/supct/html/95-1853.ZS.html, http://www.jud.ct.gov/ji/criminal/part4/4.5-9.htm, http://www.historyplace.com/unitedstates/impeachments/jones-deposition.htm, http://law.onecle.com/florida/crimes/843.08.html, http://law.onecle.com/georgia/16/16-10-70.html, http://famguardian.org/Subjects/LawAndGovt/News/ClintonDisbar-011001.htm, http://www.historyplace.com/unitedstates/impeachments/clinton.htm, http://law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html, http://www.duhaime.org/LegalDictionary/B/Bribery.aspx, http://www.nytimes.com/2011/04/14/sports/baseball/14bonds.html?pagewanted=1&_r=1, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm, http://law.onecle.com/north-carolina/14-criminal-law/14-209.html, http://law.onecle.com/north-carolina/14-criminal-law/14-210.html, http://law.onecle.com/north-carolina/5a-contempt/index.html, http://law.onecle.com/new-york/penal/PEN0180.00_180.00.html, http://law.onecle.com/new-york/penal/PEN0195.10_195.10.html, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html, http://law.onecle.com/new-york/penal/PEN0200.03_200.03.html, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html, http://law.onecle.com/new-york/penal/PEN0200.10_200.10.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.265.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.295.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html, http://www.usatoday.com/sports/baseball/2011-04-13-verdict-barry-bonds-guilty_N.htm, http://scholar.google.com/scholar_case?case=17399056576949304157&q= State+v.+Kimber+48&hl=en&as_sdt=2,5, http://law.onecle.com/texas/criminal-procedure/38.18.00.html, http://law.onecle.com/texas/penal/38.06.00.html, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://scholar.google.com/scholar_case?case=12281686524757008977&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://law.onecle.com/pennsylvania/crimes-and-offenses/00.051.004.000.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001512-000-.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621-000-.html, http://www.law.cornell.edu/uscode/26/usc_sec_26_00006065-000-.html, http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.059.001.000.html, http://law.onecle.com/illinois/720ilcs5/31-4.html, http://law.onecle.com/illinois/720ilcs5/31-4.5.html, CC BY-NC-SA: Attribution-NonCommercial-ShareAlike. LAW AND ETHICS : LIFE CARE CENTERS OF AMERICA, INC. As to significance, when comparing the inconsistency, are we talking black and white, or beige and grey? Stat. The Model Penal Code grades perjury as a felony of the third degree (Model Penal Code 241.1(1)). Figure 13.8 Diagram of Defenses to Bribery. Or. Since the direct examination normally leaves the jury with the impressions that the witness is credible, my first phase starts with the goal of bringing out favorable testimony through the witness. A contradictory statement made in court signifies that the person making such statement has been untruthful at some point during their account. This helps the fact finder keep clear what they should believe (you are just confirming the truth), versus what they should not believe. Penal Code 38.06, accessed May 8, 2011, http://law.onecle.com/texas/penal/38.06.00.html. At the end of cross examination (unlike the very beginning), I would have also gained credibility as the questioner. Similar to perjury, bribery is notoriously difficult to prove, which is a factor prosecutors must consider when deciding whether or not to charge an individual(s) with this offense. Rev. For instance, the statement "The trains are always . There was no doubt where it happened, when it happened or how it happened. Like almost everything else in law and advocacy, of course, placement of an impeachment by prior inconsistent statement depends on the tone and purpose of any cross-examination. Check your answer using the answer key at the end of the chapter. During the Course of Cross: And of course, there is the situation where the witness has just gone off script during the course of confirming things that should be undisputed. Fla. R. Evid. Thus all the elements of perjury appear to be present, and Marcus may be subject to prosecution for and conviction of this offense. Cons: Anything buried in the middle risks becoming forgettable. Stat. It, 4too, is a federal crime if the perjury induced is a federal crime. Stat. Penal Code 74, accessed May 7, 2011, http://law.onecle.com/california/penal/74.html. This would be considered sufficient proof of perjury, even without knowing which statement is actually false. See also United States v. Consider whether the witness is mistaken, rather than intentionally dishonest. 162.295, 2011), and tampering with a witness (18 U.S.C. Director of Advocacy Programs and Lecturer. Add to this example and assume that the judge graciously accepts Isabels gift and thereafter rules in her favor, acquitting her of perjury. The false statements always form a part of perjury as you are taking the oath of telling the truth despite authenticating a lie in front of the jury. When a witness unexpectedly changes their testimony, you must act calmly and with precision. The predicate necessary for impeachment is not new. We've helped 95 clients find attorneys today. It establishes that (remember My Cousin Vinney?) U.S. v. Gaudin, 515 U.S. 506 (1995), accessed May 5, 2011, http://scholar.google.com/scholar_case?case=12281686524757008977&hl=en&as_sdt=2&as_vis=1&oi=scholarr. Professor of Law emeritus and former director of the Litigation Skills Program. As such, a statement is an assertion that something is or is not the case. Isabel thereafter buys an expensive watch, has it wrapped, walks up to the judge, and offers it to him as a gift. The statement was made under penalty of perjury; The person willfully made a statement that he or she did not believe to be true; and. Define the elements of bribery, identify the primary difficulty in a prosecution for this offense, and analyze bribery grading. Stat. The Model Penal Code defines perjury as a false material statement, that the defendant does not believe to be true, made under oath in any official proceeding (Model Penal Code 241.1(1)). Like primacy, recency is also your friend. Bribery is typically graded as a felony (N.Y. This strategy is not without risk. However, if the contradiction is substantial, and the fact is meaningful enough even though it was not originally intended to be a part of your story on cross-examination then I would propose that you should include that impeachment only after you are able to elicit those fact, opinions, and conclusions from the witness that are helpful to your case. The prosecutor does not have to provide corroborative evidence and does not have the burden of proving Perjury generally requires a false statement that is material, which means that it substantially affected or could substantially affect the outcome of the proceeding (Mo. In this video, President Clinton denies that he had sexual relations with Monica Lewinsky: President Clinton Apologizes to the Nation. Ohios perjury law, for example, defines the offense as knowingly mak[ing] a false statement under oath or affirmation. It further provides that a mistaken belief that a false statement is not material is not a defense. Before testifying, Marcus took an oath that was administered by a court commissioner, also satisfying the perjury requirement that the defendant take an oath administered by someone with the legal authority or authorization to take evidence under oath. Do a search online to find the office's website and click on the contact link there. The specific act that constitutes the crime of perjury is not the false statement itself, but rather the oath or affirmation that the statement is true. The Model Penal Code has a similar provision (Model Penal Code 241.1(2)). Thus the harm element of subornation of perjury is lacking, and Marcus can be prosecuted only for attempted subornation of perjury or solicitation to commit perjury, rather than the completed offense. No two cases are the same, nor are any two cross examinations the same. In that trial is competitive storyshowing in context, H.T. 575.040(3), 2011). Analyze perjury and subornation of perjury grading. On May 6, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Bill Clinton. The criminal offense of perjury consists of making a false statement under oath, either in writing or verbally, that one knows is false, and that is material to the proceedings in which the statement is made. N.C. Gen. Stat. I mention this because sometimes, regardless of your preparation and the facts, impeachments are a powerful tool, but sometimes, they get lost because the trial of fact does not understand, your nitpicking, it does not further your clients story or some other reason that you will never know the answer to. One final point: the matter of safety nets. Whether on cross exam you clearly have the goods and are going strong, or, in dire straits, you have little to go on and forced to take a flyer with a barely inconsistent, marginally important, prior statement, a safety net a powerful, sure-fire, safe harbor in which to land is the cross examiners great comfort. Perhaps, for example, a person made a false statement to law enforcement while not subject to an oath or penalty. 720 ILCS 5/31-4.5, accessed May 7, 2011, http://law.onecle.com/illinois/720ilcs5/31-4.5.html. Marcus has probably not committed perjury in this case. Marcus made two inconsistent statements while under a validly administered oath in Lindsay's conversion trial, which is a judicial proceeding. It provides that a statement is not hearsay (i.e., it is admissible to prove the truth of the matter asserted) so long as the inconsistent statement "was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition" Because the . 5901, 2011). Logical and Critical Thinking. Generally, it is best to begin with Constructive Cross first, and save the Destructive Dross for later in the examination. He was never criminally prosecuted for perjury or obstruction of justice outside the impeachment procedure, although he was later disbarred for his behavior (Gearan, A., 2011). Impeachment is the art of attacking a testifying witness's credibility or truthfulness at trial. Primacy is your friend and the factfinder will remember the first few minutes of the cross. tent statement -in-kn-sis-tnt- : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement 13-2807, accessed May 7, 2011, http://law.onecle.com/arizona/criminal-code/13-2807.html. Jurors, like all of us, are best at understanding ideas if they only need to understand one idea at a time. Pinocchio told lies, and his nose grew. Webster's New World Law Synonyms: bearing false witness lying under oath willful falsehood violation of an oath false statement untruthfulness Review the example with Isabel in Section 13 Example of Bribery. Ann. Penal Law 200.00, 2011; N.Y. Marcus takes an oath sworn by the court commissioner. In addition to criminal charges, lawyers may be subject to discipline under attorney ethics rules for coaching or persuading a witness to commit perjury. n. the crime of encouraging, inducing or assisting another in the commission of perjury, which is knowingly telling an untruth under oath. Penal Law 200.04, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html. Youve minimized risk by locking in your must-have questions. place it chronologically in the flow of the cross? When an inconsistent statement is elicited on direct examination, I tend to deploy a similar tactic by impeaching during the opening primacy questions. The Model Penal Code defines materiality as a statement that could have affected the course or outcome of the proceeding and declares that materiality should be a question of law, which means it should be determined by a judge, not a jury (Model Penal Code 241.1(2)). Isabel and the umpire probably have not committed bribery in this case. Ariz. Rev. Assuming that is the case, then I would almost never start the cross-examination with the impeachment with that prior inconsistent statement for two reasons. 18 U.S.C. There are also inconsistent statements you can count on. Be certain that the impeachment is necessary and consider whether you can simply refresh the witnesss recollection rather than pointing out an inconsistency. Stat. U.S. v. Adcock, 558 F.2d 397 (1977), accessed May 6, 2011, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr. Attorneys and other people who might advise a witness may be targets of subornation of perjury accusations. Associate Professor of Law Everything was caught on video. This is another area where she and I have different perspectives based on our professional experience. Perhaps you wait until later in the cross to impeach. Make sure that the impeachment is clear to everyone; Get the jurys permission before you attempt to impeach. The most difficult bribery element to prove beyond a reasonable doubt is the criminal intent element of specific intent or purposely or general intent or knowingly to enter into an agreement that influences the bribed individuals decision. What concessions do you need from this witness and what exactly will you argue about this impeachment? 613(b) differs from F.R.E. Subornation of perjury is also graded as a felony. The crime of bribery is often extended to apply to persons other than public officials, such as employees, agents, or fiduciaries for the purpose of influencing the bribed individuals on-the-job conduct (N.Y. . A statement is counted as perjury only if it was given while the witness was under oath and in front of a court or tribunal that has the mandate to carry out the investigation. trial and may subject Marcus to conviction of this offense. He viewed it as capable of serving two ends: proving untruths and completing the story by eliciting facts that remained suppressed or undeveloped on direct examination, including the remaining and qualifying circumstances of the subject of testimony, as known to the witness., Precisely because of the presence of dual objectives, timing is everything. Said differently, assume a witness has information useful to the cross-examiner but also made an averment during direct examination that must be impeached with a clearly contradictory prior inconsistent statement. Felony, which is punishable by 2 to 10 years in prison and a $ fine. Graciously accepts Isabels gift and thereafter rules in her favor, acquitting her of perjury appear to be to Nation., 180 ( 1977 ) ( recognizing that perjury is never a protected option ) disclosure requirement in (! Not subject to an oath or affirmation public generally considers it morally wrong of..., like all of us, are best at understanding ideas if they only need to maximize the impact the! The contact link there Instructions 53a-156, accessed May 5, 2011 ; n.y. Marcus takes an or! Is actually false statement is an assertion that something is or is not the case primacy is friend! Only need to get into the small details 241.1 ( 1 ).! We & # x27 ; s website and click on the field allegations of the.! 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The proceeding May be admissible solely to impeach nor are any two cross examinations the same May,... It usually is best to begin with Constructive cross first, and analyze obstruction of grading. Attempted murder, the attorney did not object to a single prosecution witness: President Clinton Apologizes to Nation. A great job with this theme and there third-degree felony, which means the public generally it!, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Clinton... The Litigation Skills Program charges are more likely in high-profile cases, bribery, analyze... Middle risks becoming forgettable impeachment is necessary to include materiality as an element of the statement... It, 4too, is a crime of perjury appear to be present, and analyze of! $ 10,000 fine unlike the very beginning ), and save the Destructive Dross for in! Constructive cross first, and save the Destructive Dross for later in the flow of the offense this... Of the third degree ( Model penal Code 74, accessed May 7,,... Likely committed perjury in this video, President Clinton Apologizes to the Nation actuality Marcus... ) ( recognizing that perjury is never a protected option ) remember the first few minutes of the third (! In high-profile cases that he had sexual relations with Monica Lewinsky: President Clinton denies he... Into three sections have different perspectives based on our professional experience that trial is competitive storyshowing in context H.T... Denies that he had sexual relations with Monica Lewinsky: President Clinton Apologizes to the.. Books on evidence analyze obstruction of justice, and obstruction of justice, along with language. Gift and thereafter rules in her favor, acquitting her of perjury appear to be false the recollection... Intentionally dishonest Model penal Code grades perjury as a felony ( N.Y inconsistent statements if chronologically the... These statements witnesses while out on the field ; s credibility or truthfulness trial. Public generally considers it morally wrong or assisting another in the commission of perjury if they only to... As an element of perjury is also graded as a felony ( N.Y solely to impeach Skills Program it in. With precision the field that a false statement with an intent to defraud or assisting another in the middle becoming. Appear to be to the example of perjury by inconsistent statements as well ) a person made a false statement with an intent to.... Considered sufficient proof of perjury appear to be false cross so that the impeachment necessary! Direct examination, I tend to deploy a similar provision ( Model penal Code 241.1 2! Filed a civil lawsuit for sexual harassment against then-president Bill Clinton May 5, 2011, http:.! When a witness May be subject to prosecution for this offense, and analyze obstruction of justice, with.