The crime of attempting to influence a jury corruptly to one side or the other by promises, persuasions, entreaties, entertainments, and the like. The person guilty of it is called an embraceor. This is both a state and federal crime, and is commonly included under the offense of obstructing justice.
In order for the offense of embracery to be committed, it is essential that the accused individual have an improper intent. If an individual makes statements that would be likely to influence the verdict of a juror while the individual is unaware that such juror is present, such conduct is not embracery.
It is not generally a prerequisite for the juror to have been impaneled and sworn, provided the person's name has been drawn and published as a juror or grand juror.
The intent to influence a juror must be coupled with an attempt to use improper influence, which can be through word or conduct and is the only OVERT ACT necessary. The juror can either be approached personally by the individual or through an agent. Words intended to influence a juror need not be spoken to the person directly but can be communicated in a manner designed to be overheard by the juror and prejudice his or her decision.
A party to the action, an individual under-going GRAND JURY investigation, a witness, or an individual who has no connection with the proceeding can be charged with embracery.
Since the crime of embracery itself only constitutes an attempt, there is no such crime as the attempt to commit embracery. It is, however, a crime to solicit another to commit embracery.
Embracery is punishable by a fine, imprisonment, or both, depending upon statute.