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 ONECATEGORY TWOFLA. STATINS. NO.
None
Aggravated Battery784.0458.4/8.4(a)
Felony Battery784.0418.5
Battery784.038.3
Aggravated Assault784.0218.2
Assault784.0118.1
Criminal Mischief806.1312.4

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.

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