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Reason
Reason
Politics
Josh Blackman

What Does "Corruptly" Mean? The Justices Really Do Not Want To Tell Us

Some federal criminal statutes require the mens rea of "corruptly." What does "corruptly" mean? In two cases this term, the Supreme Court has shied away from clearly defining this state of mind.

28 U.S.C. § 1512(c)(2), the statute at issue in Fischer v. United States, provides:

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

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