§130.1. Obstruction of justice
A. The crime of obstruction of justice is any of the following when committed with
the knowledge that such act has, reasonably may, or will affect an actual or potential present,
past, or future criminal proceeding as described in this Section:
(1) Tampering with evidence with the specific intent of distorting the results of any
criminal investigation or proceeding which may reasonably prove relevant to a criminal
investigation or proceeding. Tampering with evidence shall include the intentional
alteration, movement, removal, or addition of any object or substance either:
(a) At the location of any incident which the perpetrator knows or has good reason
to believe will be the subject of any investigation by state, local, or United States law
enforcement officers; or
(b) At the location of storage, transfer, or place of review of any such evidence.
(2) Using or threatening force toward the person or property of another with the
specific intent to:
(a) Influence the testimony of any person in any criminal proceeding;
(b) Cause or induce the withholding of testimony or withholding of records,
documents, or other objects from any criminal proceeding;
(c) Cause or induce the alteration, destruction, mutilation, or concealment of any
object with the specific intent to impair the object's integrity or availability for use in any
criminal proceeding;
(d) Evade legal process or the summoning of a person to appear as a witness or to
produce a record, document, or other object in any criminal proceeding;
(e) Cause the hindrance, delay, or prevention of the communication to a peace
officer, as defined in R.S. 14:30, of information relating to an arrest or potential arrest or
relating to the commission or possible commission of a crime or parole or probation
violation.
(3) Retaliating against any witness, victim, juror, judge, party, attorney, or informant
by knowingly engaging in any conduct which results in bodily injury to or damage to the
property of any such person or the communication of threats to do so with the specific intent
to retaliate against any person for:
(a) The attendance as a witness, juror, judge, attorney, or a party to any criminal
proceeding or for producing evidence or testimony for use or potential use in any criminal
proceeding, or
(b) The giving of information, evidence, or any aid relating to the commission or
possible commission of a parole or probation violation or any crime under the laws of any
state or of the United States.
(4) Inducing or persuading or attempting to induce or persuade any person to do any
of the following:
(a) Testify falsely or, without right or privilege to do so, to withhold any testimony.
(b) Without the right or privilege to do so, absent himself from such proceedings
despite having received service of a subpoena.
(5) Contacting a family member of the victim in a manner that knowingly and
intentionally violates the provisions of R.S. 46:1844(Y).
B. Whoever commits the crime of obstruction of justice shall be subject to the
following penalties:
(1) When the obstruction of justice involves a criminal proceeding in which a
sentence of death or life imprisonment may be imposed, except as provided in Paragraph (5)
of this Subsection, the offender shall be fined not more than one hundred thousand dollars,
imprisoned for not more than forty years at hard labor, or both.
(2) When the obstruction of justice involves a criminal proceeding in which a
sentence of imprisonment necessarily at hard labor for any period less than a life sentence
may be imposed, the offender may be fined not more than fifty thousand dollars, or
imprisoned for not more than twenty years at hard labor, or both.
(3) When the obstruction of justice involves any other criminal proceeding, except
as provided in Paragraph (4) or (5) of this Subsection, the offender shall be fined not more
than ten thousand dollars, imprisoned for not more than five years, with or without hard
labor, or both.
(4) When the obstruction of justice is committed as described in Paragraph (A)(1)
of this Section and involves any misdemeanor criminal proceeding that does not involve an
intentional misdemeanor directly affecting the person, the offender shall be fined not more
than five hundred dollars, imprisoned for not more than six months, or both.
(5) When the obstruction of justice is committed as described in Paragraph (A)(5)
of this Section and involves a criminal proceeding in which the sentence imposed is a
sentence of death, the offender shall be fined not more than five thousand dollars, imprisoned
for not more than three years, with or without hard labor, or both.
C. For the purposes of this Section, "family member" shall have the same meaning
and definition as in R.S. 46:2132.
Acts 1984, No. 561, §1, eff. Jan. 1, 1985; Acts 2016, No. 215, §1; Acts 2021, No.
212, §1; Acts 2024, No. 157, §1.