What is the test for dissuading a witness by force or threat?

To prove the offense of dissuading K. by force or threat under section 136.1, subdivision (c)(1), the prosecution was required to prove that defendant knowingly and maliciously tried to prevent K. from reporting to law enforcement that she was the victim of a crime. A person acts maliciously when he "inten[ds] to vex, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice." ( 136, subd. (1).) The person is presumed, however, not to act with malice if he is a family member who tries to prevent a witness or victim from reporting a crime for that witness or victim's own protection. ( 136.1, subd. (a)(3) ["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"]; People v. Wahidi (2013) 222 Cal.App.4th 802, 809, fn. 4 ["Section 136.1, subdivision (a)(3), added in 1997 (Stats. 1997, ch. 500, 1, p. 3123), now directly addresses the issue of family members who attempt to dissuade a witness or victim from testifying not as part of an effort to interfere with the administration of justice, but out of concern for the welfare and safety of the witness or victim"].)

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