Commonwealth v. Rivera

At issue is the March, 2006, amendment to the witness intimidation statute, G. L. c. 268, § 13B. See St. 2006, c. 48, § 3 (2006 amendment or amendment). The primary argument raised by the defendant, Josef R. Rivera, is that the amended statute, G. L. c. 268, § 13B(l)(c), as appearing in St. 2006, c. 48, § 3, requires that the Commonwealth prove that the target of the intimidating conduct actually be frightened and reluctant to testify in order for the crime of intimidation *531to occur. As we conclude that the elements of intimidation are defined, both before and after the amendment, by the acts,…