21.10 TAMPERING WITH A [WITNESS] [VICTIM] [INFORMANT]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 21.10
- Statute
- § 914.22(1), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Tampering with a [Witness] [Victim] [Informant], the State must prove the following three elements beyond a reasonable doubt:
Give as applicable.
1. (Defendant) knowingly
a. used or attempted to use intimidation or physical force against (name of person).
b. threatened or attempted to threaten (name of person).
c. engaged in misleading conduct toward (name of person).
d. offered pecuniary benefit or gain to (name of person).
2. (Defendant) did so, with intent to cause or induce [any person] [(name of person)] to
a. withhold testimony or withhold a record, document, or other object, from an official [investigation] [proceeding].
b. alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official [investigation] [proceeding]..
c. evade legal process summoning [him] [her] to appear as a witness, or to produce a record, document, or other object, in an official [investigation] [proceeding]..
d. be absent from an official proceeding to which [he] [she] has been summoned by legal process.
e. hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of [an offense] [a violation of a condition of [probation] [parole] [release pending a judicial proceeding].
f. testify untruthfully in an official [investigation] [proceeding].
3. The official [investigation] [proceeding] involved the [investigation] [or] [prosecution] of (insert appropriate type of investigation or proceeding, e.g., first degree murder, non-criminal offense, etc.).
Lesser-included offenses
As the instruction lists them, word for word.
The degree of this crime depends on the severity of the underlying offense that is the subject of the tampering. See § 914.22(2), Fla. Stat.
Related practice page
Witness Tampering, Harassment, and Retaliation in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.