Tampering With or Harassing a Witness, Victim, or Informant
Tampering with or harassing a person to affect an official investigation, proceeding, report, arrest, prosecution, or revocation matter.
Florida Statute
§ 914.22
Tampering with or harassing a witness, victim, or informant; penalties
Verified against the 2026 Florida Statutes: October 25, 2026
Quick Summary
Select the tampering or harassment track, prove its required conduct and intent or result, and identify the level of the affected matter because it controls the offense degree.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Tampering — affected misdemeanor
F.S. § 914.22(2)(a)
Tampering affecting the investigation or prosecution of a misdemeanor.
Tampering — affected third-degree felony
F.S. § 914.22(2)(b)
Tampering affecting the investigation or prosecution of a third-degree felony.
Tampering — affected second-degree felony
F.S. § 914.22(2)(c)
Tampering affecting the investigation or prosecution of a second-degree felony.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1Conditional
Tampering (1) — required together only for this track
Tampering track — knowingly did at least ONE of the following: used or attempted to use intimidation OR physical force; threatened or attempted to threaten another person; engaged in misleading conduct toward another person; OR offered another person a pecuniary benefit or gain.
Plain language: Tampering track: prove one listed act and that it was done knowingly.
- Element 2Conditional
Tampering (1) — required together only for this track
AND acted with intent to cause or induce any person to do at least ONE of the following: (a) withhold testimony or a record, document, or object from an official investigation/proceeding; (b) alter, destroy, mutilate, or conceal an object to impair its integrity or availability for that use; (c) evade legal process to appear as a witness or produce evidence in an official investigation/proceeding; (d) be absent from an official proceeding after being summoned by legal process; (e) hinder, delay, or prevent communication to law enforcement or a judge about an offense, possible offense, or probation/parole/pretrial-release violation; OR (f) testify untruthfully in an official investigation/proceeding.
Jury Instructions
Jury Instructions
Instruction 21.10
Tampering With a Witness, Victim, or Informant
Tampering track under §914.22(1); use the applicable alternatives in instruction 21.10, amended October 9, 2026. The underlying matter supports the classification under subsection (2).
View Official InstructionVerified against the official instruction source: October 25, 2026
Instruction 21.11
Harassing a Witness, Victim, or Informant
Harassment track under §914.22(3); use instruction 21.11, amended October 9, 2026. Harassment penalties are governed by subsection (4).
View Official InstructionVerified against the official instruction source: October 25, 2026
Important Definitions
Important Definitions
Misleading conduct
Includes specified false statements, material omissions or concealment creating a false impression, reliance on false or altered writings or materially misleading objects, and tricks, schemes, or devices used with intent to mislead.
Official investigation
An investigation instituted by a state or local law enforcement agency or prosecuting officer, the Commission on Ethics, or the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.
Official proceeding
A proceeding before a judge, court, grand jury, the Legislature, an authorized federal agency, or the Commission on Ethics.
Physical force
Physical action against another person, including confinement.
Additional Notes
Additional Notes
Proceeding need not be pending
An official proceeding need not already be pending or about to begin. The testimony or object also need not be admissible or free from a privilege claim.
Separate the two tracks
Tampering under subsection (1) requires knowing listed conduct plus a specified intent. Harassment under subsection (3) requires intentional harassment that causes or attempts the specified hindering or dissuasion. Do not merge their elements.
Document the affected matter
The degree depends on the level of the investigation, proceeding, offense, or violation affected. Identify that matter and preserve facts tying the conduct to it.
Limited state-of-mind exceptions — subsection (6)
Subsection (6) removes the need to prove knowledge of specified state-government connections of the proceeding, judge, or law enforcement officer. It does not remove the knowing conduct and specific intent required for tampering, or the intentional harassment and interference requirements of the harassment track. See §914.22(6)(a)-(b).
Current instructions and classification cross-reference
Instructions 21.10 and 21.11 were amended October 9, 2026. Both identify the factual type of the underlying investigation/prosecution and provide for the court to instruct on its classification. Harassment penalties come from §914.22(4); the printed paragraph after element 3 of instruction 21.11 refers to subsection (2), so confirm the case-specific instruction and correct statutory penalty track with the court/prosecutor.