21.9 [ATTEMPTED] RETALIATING AGAINST 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
- 21.9
- Statute
- § 914.23, 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 [Attempted] Retaliating Against a [Witness] [Victim] [Informant], the State must prove the following two elements beyond a reasonable doubt:
Give as applicable.
1. (Defendant) knowingly
a. [attempted] [threatened] to [cause bodily injury to (victim)] [damage the tangible property of (victim)].
b. caused [bodily injury to (victim)] [damage to the tangible property of (victim)].
Give as applicable.
2. (Defendant) did so, with intent to retaliate against [any person] [(name of person)] for
a. the attendance of a [witness] [party] at an official proceeding.
b. any [testimony given] [record, document, or object produced] by a witness in an official proceeding.
c. information given by [a person] [(name of person)] to a law enforcement officer relating to the commission or possible commission of [an offense] [a violation of a condition of [probation] [parole] [release pending a judicial proceeding].
Lesser-included offenses
As the instruction lists them, word for word.
[ATTEMPTED] RETALIATING AGAINST A [WITNESS] [VICTIM] [INFORMANT]—914.23
| CATEGORY ONE | CATEGORY TWO | FLA. STAT | INS. NO. |
|---|---|---|---|
| None | |||
| Aggravated Battery | 784.045 | 8.4/8.4(a) | |
| Felony Battery | 784.041 | 8.5 | |
| Battery | 784.03 | 8.3 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Assault | 784.011 | 8.1 | |
| Criminal Mischief | 806.13 | 12.4 |
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.