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Florida statute

Fla. Stat. § 914.22 — Tampering with or harassing a witness, victim, or informant; penalties

Current through 2025 Florida Statutes

Part of Chapter 914: Witnesses; Criminal Proceedings, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 914.22

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 914.22Primary source, current through the 2025 Florida Statutes
(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official 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 or official proceeding;(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;(d) Be absent from an official proceeding to which such person 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 or a violation of a condition of probation, parole, or release pending a judicial proceeding; or(f) Testify untruthfully in an official investigation or an official proceeding,commits the crime of tampering with a witness, victim, or informant. (2) Tampering with a witness, victim, or informant is a:(a) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.(b) Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.(c) Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.(d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.(e) Life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.(f) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding. (3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:(a) Attending or testifying in an official proceeding or cooperating in an official investigation;(b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;(c) Arresting or seeking the arrest of another person in connection with an offense; or(d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;or attempts to do so, commits the crime of harassing a witness, victim, or informant. (4) Harassing a witness, victim, or informant is a:(a) Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.(b) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.(c) Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.(d) Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.(e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.(f) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding. (5) For the purposes of this section:(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and(b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:(a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or(b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

Official sources

Legal terms used in this section

Questions this section answers

Is tampering with or harassing a witness, victim, or informant; penalties a felony or a misdemeanor in Florida?

It depends on the circumstances: tampering with or harassing a witness, victim, or informant; penalties ranges from a Misdemeanor of the First Degree to a Life Felony in Florida under Fla. Stat. § 914.22.

Tampering with a witness — misdemeanor investigation: Felony of the Third Degree (Fla. Stat. § 914.22(2)(a)) · Tampering with a witness — third degree felony investigation: Felony of the Second Degree (Fla. Stat. § 914.22(2)(b)) · Tampering with a witness — second degree felony investigation: Felony of the First Degree (Fla. Stat. § 914.22(2)(c)) · Tampering with a witness — first degree felony investigation: Felony of the First Degree (Fla. Stat. § 914.22(2)(d)) · Tampering with a witness — life or capital felony investigation: Life Felony (Fla. Stat. § 914.22(2)(e)) · Tampering with a witness — indeterminable or noncriminal investigation: Felony of the Third Degree (Fla. Stat. § 914.22(2)(f)) · Harassing a witness — misdemeanor investigation: Misdemeanor of the First Degree (Fla. Stat. § 914.22(4)(a)) · Harassing a witness — third degree felony investigation: Felony of the Third Degree (Fla. Stat. § 914.22(4)(b)) · Harassing a witness — second degree felony investigation: Felony of the Second Degree (Fla. Stat. § 914.22(4)(c)) · Harassing a witness — first degree felony investigation: Felony of the First Degree (Fla. Stat. § 914.22(4)(d)) · Harassing a witness — first degree felony (life term) or life/capital felony investigation: Felony of the First Degree (Fla. Stat. § 914.22(4)(e)) · Harassing a witness — indeterminable or noncriminal investigation: Felony of the Third Degree (Fla. Stat. § 914.22(4)(f))

Which Florida statute covers tampering with or harassing a witness, victim, or informant; penalties?

Tampering with or harassing a witness, victim, or informant; penalties is governed by Fla. Stat. § 914.22 (Tampering with or harassing a witness, victim, or informant; penalties).

This reference is informational and is not legal advice.