(A) It shall be unlawful for any person or persons to intentionally impede or interfere with, or attempt to impede or interfere with, any police officer, firefighter or any other town official in the performance of his or her duty or emergency functions as a police officer, firefighter or town official.
(B) (1) A person who does any of the following commits obstruction of justice, a Level 6 felony, except as provided in division (B)(2) below:
(a) Knowingly or intentionally induces, by threat, coercion, false statement or offer of goods, services or anything of value, a witness or informant in an official proceeding or investigation to:
1. Withhold or unreasonably delay in producing any testimony, information, document, or thing;
2. Avoid legal process summoning the person to testify or supply evidence; or
3. Absent the person from a proceeding or investigation to which the person has been legally summoned.
(b) Knowingly or intentionally in an official criminal proceeding or investigation:
1. Withholds or unreasonably delays in producing any testimony, information, document or thing after a court orders the person to produce the testimony, information, document or thing;
2. Voids legal process summoning the person to testify or supply evidence; or
3. Absents the person from a proceeding or investigation to which the person has been legally summoned.
(c) Alters, damages or removes any record, document or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation;
(d) Makes, presents or uses a false record, document or thing with intent that the record, document or thing, material to the point in question, appear in evidence in an official proceeding or investigation to mislead a public servant; or
(e) Communicates, directly or indirectly, with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror.
(2) Except as provided in division (B)(5) below, the offense described in division (B)(1) above is a Level 5 felony if, during the investigation or pendency of a domestic violence or child abuse case under division (B)(3) below, a person knowingly or intentionally does any of the following to any witness in order to abstain from attending or giving testimony at any hearing, trial, deposition, probation or other criminal proceeding or from giving testimony or other statements to a court or law enforcement officer under I.C. 35-31.5-2-185:
(a) Offers, gives or promises any benefit to;
(b) Communicates a threat as defined by I.C. 35-45-2-1(c) to; or
(c) Intimidates, unlawfully influences or unlawfully persuades.
(3) As used in this section, DOMESTIC VIOLENCE OR CHILD ABUSE CASE means any case involving an allegation of:
(a) The commission of a crime involving domestic or family violence under I.C. 35-31.5-2-76 involving a family or household member under I.C. 35-31.5-2-128;
(b) The commission of a crime of domestic violence under I.C. 35-31.5-2-78 involving a family or household member under I.C. 35-31.5-2-128; or
(c) Physical abuse, sexual abuse, or child neglect, including crimes listed under I.C. 35-31.5-2-76 involving a victim who was less than 18 years of age at the time of the offense, whether or not the person is a family or household member under I.C. 35-31.5-2-128.
(4) Division (B)(1)(a)1. above does not apply to:
(a) A person who qualifies for a special privilege under I.C. 34-46-4 with respect to the testimony, information, document or thing; or
(b) A person who identifies as any of the following is not required to testify under I.C. 34-46-3-1:
1. An attorney;
2. A physician;
3. A member of the clergy; or
4. A husband or wife.
(5) Division (B)(2) above does not apply to any of the following persons engaged in that person’s professional or official duties:
(a) An attorney;
(b) An investigator;
(c) A law enforcement officer; or
(d) A judge.
(Ord. 1970-1, passed 6-3-1970) Penalty, see § 130.99