(

a) Except as provided in subdivision (c), a person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Knowingly and maliciously prevents or dissuades a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.

(2) Knowingly and maliciously attempts to prevent or dissuade a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.

(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice. (

b) Except as provided in subdivision (c), a person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:

(1) Making a report of that victimization to a peace officer, a state or local law enforcement officer, a probation, parole, or correctional officer, a prosecuting agency, or a judge.

(2) Causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof.

(3) Arresting or causing or seeking the arrest of a person in connection with that victimization. (

c) A person doing any of the acts described in subdivision (

a) or (

b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:

(1) If the act is accompanied by force or by an express or implied threat of force or violence, upon a witness, victim, or any third person or the property of a victim, witness, or any third person.

(2) If the act is in furtherance of a conspiracy.

(3) If the act is committed by a person who has been convicted of a violation of this section, a predecessor law, a federal statute, or a statute of any other state that, if the act prosecuted was committed in this state, would be a violation of this section.

(4) If the act is committed by a person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to the transaction are guilty of a felony. (

d) A person attempting the commission of

an act described in subdivision (a), (b), or (

c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, is not a defense against prosecution under this section. (

e) This

section does not preclude the imposition of an enhancement for great bodily injury if the injury inflicted is significant or substantial. (

f) The use of force during the commission of an offense described in subdivision (

c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (

b) of

Section 1170.