Obstruction of Justice: Definition, Examples, and Penalties

Obstruction of justice refers to a broad range of unlawful conduct aimed at interfering with government functions, whether that’s a criminal investigation, official proceeding, or official duties. Interference can take many forms, such as lying to federal agents, destroying or hiding evidence, pressuring a witness to stay quiet, bribing a juror, or even tipping off someone that they're under investigation. The crime can be charged under dozens of different federal and state statutes. Penalties range from misdemeanors to serious felonies.

What Laws Prohibit Obstruction of Justice?

No single law covers all forms of obstruction. Instead, Congress and state legislatures have written obstruction provisions into dozens of statutes.

Model Penal Code Definition

The Model Penal Code offers one blueprint for delineating what obstruction is. It defines obstruction as purposely obstructing, impairing, or perverting the administration of law or any other governmental function by force, violence, physical interference, breach of official duty, or any other unlawful act. (Model Penal Code § 242.1 (2026).)

Federal Obstruction Statutes

At the federal level, an entire chapter of code is devoted to obstruction of justice crimes, which includes:

• influencing a juror or officer
• assaulting a process server
• obstructing government proceedings
• obstructing court orders
• obstructing criminal investigations, and
• tampering with or retaliating against a victim, witness, or informant.

The broadest of these statutes makes it a crime when a person “endeavors to influence, obstruct, or impede, the due administration of justice.” (18 U.S.C. § 1503; 18 U.S.C. §§ 1501 and following (2026).)

State Obstruction Laws

State obstruction of justice laws vary widely. Some follow the Model Penal Code version, but many go their own way. California, for instance, has multiple obstruction statutes, including obstructing any public officer, police officer or EMT, destroying or concealing evidence, and falsely reporting a felony, and intimidating witnesses. (Cal. Penal Code §§ 135, 136.1, 148 (2026).) Ohio, on the other hand, specifically uses the term "obstructing justice" to describe helping someone else evade arrest, prosecution, or punishment by concealing the person, warning them about police, or providing them the means to flee. (Ohio Rev. Code § 2921.32 (2026).)

Typically, state obstruction laws will be found throughout a state’s criminal or penal code, as well as other penalty sections throughout the law.

What Actions Count as Obstruction of Justice?

The range of conduct that qualifies is broader than most people expect. Here are the most common categories.

Aiding a Suspect

Helping someone who is under investigation hide from law enforcement is classic obstruction—whether that means letting them stay at your home off the grid or driving them across state lines to evade arrest. Even warning someone that investigators are asking questions about them can constitute obstruction, because it gives them the opportunity to destroy evidence, flee, or build an alibi.

Destroying, Hiding, or Tampering With Evidence

Intentionally getting rid of, altering, or concealing physical or digital evidence in a criminal investigation is a serious form of obstruction. Offering false evidence in a proceeding can also fall under this crime.

Interfering With or Impeding an Investigation

Anyone who knowingly provides false information to federal investigators—in person, in writing, or via falsified documents—commits obstruction of justice under federal law. (18 U.S.C. § 1505 (2026).) If the false statements are made under oath in a grand jury or other sworn proceeding, the person may also face separate perjury charges. Lying doesn't require a dramatic courtroom moment, knowingly giving a false answer in a routine FBI interview can be enough. State laws also make it a crime to provide false information to state law enforcement and officials.

Tampering With Witnesses or Jurors

Threatening, bribing, pressuring, or otherwise attempting to interfere with a witness's truthful testimony is also obstruction. This offense includes subtler conduct like urging someone to "stay quiet" or offering compensation in exchange for silence or a changed story. Tampering or bribing a juror can also be obstruction.

Resisting, Delaying, or Interfering With a First Responder’s Duties

Obstruction can also involve physical interference with the duties of a police officer, firefighter, EMT, or any first responder. Some states increase penalties if a defendant disarms a police officer, interrupts emergency services, or uses force or violence in these situations. Impersonating an officer can also fall under obstruction statutes.

Can Obstruction Be a Physical Act?

Yes, many states and federal law include physical resistance or acts against persons or public officials as obstruction crimes.

Federal law, for example, makes it a felony to use “threats or force…to influence, intimidate, or impede” any juror or officer. (18 U.S.C. § 1503 (2026).) In New York, obstructing governmental administration includes “by means of intimidation, physical force or interference.” (N.Y. Penal Law § 195.05 (2026).) As noted below, use of physical force that results in bodily harm to another can result in harsher penalties.

Is Obstruction of Justice a Felony or Misdemeanor?

Penalties for obstruction vary widely. A person convicted of obstruction charges can face misdemeanor or felony penalties. It depends on the specific statute and the conduct involved.

Federal Penalties for Obstruction

Under federal law, most obstruction charges are felonies. A violation of the primary federal obstruction statute can result in up to 10 years in federal prison, a fine, or both. In cases involving an attempted killing or obstruction in a serious felony case, the sentence can reach up to 20 years. (18 U.S.C. § 1503 (2026).)

State Penalties for Obstruction

At the state level, penalties generally start as misdemeanors with fines and jail terms up to a year. Obstruction that leads to physical harm or interrupts emergency services might carry felony penalties with possible prison sentences. Helping someone avoid arrest could also be a misdemeanor but increase to a felony if the fleeing person faces felony charges. As a general rule, the more direct and severe the interference, the harsher the potential punishment. Warning a coworker about an investigation might carry less serious penalties than say burning evidence or bribing a witness.

What Doesn't Count as Obstruction?

Not every act that inconveniences an investigation qualifies as obstruction. Exercising your constitutional rights—including your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel—is not obstruction, even if it frustrates investigators. Refusing to answer questions without a lawyer present isn’t obstruction.

Also, a person must act knowingly, willingly, or sometimes corruptly to commit obstruction. An action that interferes with a proceeding or an officer’s duties but isn’t done with that intent wouldn’t be obstruction. So if your car accidentally crashes onto a scene where paramedics and police are working, you haven’t obstructed justice because your acts weren’t intentional, willful, or done knowingly.

Real-World Examples of Obstruction of Justice Charges

These recent cases show just how seriously federal prosecutors pursue obstruction charges.

Roger Stone: Trump Political Advisor

Trump political advisor Roger Stone was convicted in November 2019 on seven federal felony counts, including obstruction of a congressional investigation, five counts of making false statements to Congress, and witness tampering. Prosecutors proved he lied to the House Intelligence Committee about his contacts with WikiLeaks and urged a witness to lie to investigators. He was sentenced to 40 months in prison, though President Trump commuted the sentence in July 2020.

Sam Bankman-Fried: FTX Founder

FTX founder Sam Bankman-Fried had his bail revoked in August 2023 after a federal judge found sufficient evidence that he had tampered with witnesses on at least two occasions while awaiting trial. Prosecutors alleged he improperly contacted former FTX CEO Caroline Ellison and other cooperating witnesses. He was ultimately convicted in November 2023 on seven counts of fraud and conspiracy, and the witness tampering conduct factored into his pretrial detention.

Trevor Jacob: YouTuber

YouTuber and former Olympic snowboarder Trevor Jacob pleaded guilty to one count of destruction and concealment with intent to obstruct a federal investigation. In November 2021, he deliberately crashed his small plane in the Los Padres National Forest and filmed the crash for online views. He then destroyed the wreckage by moving it to a different site, cutting it up, and disposing of the parts in trash bins to prevent federal investigators from examining the crash. He was sentenced to six months in federal prison.

Hannah Dugan: Former Wisconsin Judge

A federal jury convicted former-Milwaukee County Circuit Court Judge Hannah Dugan of obstruction of justice for helping a man evade immigration agents who showed up at Dugan’s courtroom to detain him. She appealed, but the Fourth Circuit upheld the conviction in June 2026. She faces up to five years in prison.

When to Talk to a Lawyer

If you've been questioned in connection with a criminal investigation—even as a witness, not a suspect—you might want to speak with a criminal defense attorney before making any further statements. You don't need to be the target of an investigation to find yourself charged with obstruction. Even actions that feel helpful or harmless—like warning a friend, turning off a phone, or deleting texts at someone's request—can cross into criminal territory depending on what investigators can show you knew at the time. A lawyer can help you understand what you're legally required to say, what you can decline to answer, and how to protect yourself from unintentional missteps that could trigger a charge.