21.8 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE

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
21.8
Statute
§ 918.13 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] [Fabricating] Physical Evidence, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) knew that a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of Florida was pending or was about to be instituted.

Give 2a or 2b or both as applicable.

2. a. (Defendant) [altered] [destroyed] [concealed] [removed] any record, document, or other item, with the purpose to impair its [verity] [availability] in such proceeding or investigation.

b. (Defendant) [made] [presented] [used] any record, document, or other item, knowing it to be false.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if § 918.13(2)(b), Fla. Stat. is charged.

If you find the defendant guilty of [Tampering with] [Fabricating] Physical Evidence, you must further determine whether the State has proven beyond a reasonable doubt that the [tampering] [fabricating] related to a criminal trial, proceeding, or investigation related to a capital felony.

Lesser-included offenses

As the instruction lists them, word for word.

21.8 [TAMPERING WITH] [FABRICATING] PHYSICAL EVIDENCE — 918.13

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(1)5.1

Related practice page

Tampering with or Fabricating Evidence 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.

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