The 2023 Florida Statutes (including Special Session C)
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. . . Give if requested and if applicable. § 914.22(5)(a), Fla. Stat. . . . . § 914.22(5)(b), Fla. Stat. . . . . § 914.22(6)(a), Fla. Stat. . . . . § 914.22(6)(b), Fla. Stat. . . . See § 914.22(4), Fla. Stat. . . .
. . . , threats, or physical force (among others). § 914.22(1)(e), Fla. . . . See id. ; see also § 914.22(1)(e), Fla. Stat. . . . (alteration in original) (quoting § 914.22(1)(e), Fla. Stat.). . . . Id. at 846 ; see § 914.22(1)(e) Fla. Stat. . . . Compare § 914.22(1)(e), Fla. Stat. . . . statutory construction issue presented by this case is answered by the unambiguous language of section 914.22 . . .
. . . filed an information charging [Born-Suniaga] with tampering with a witness in violation of section 914.22 . . . Section 914.22, Florida Statutes (2014), creates the crime of tampering with a witness, making it a third-degree . . .
. . . The defendant was charged with witness tampering in violation of section 914.22(1) of the Florida Statutes . . . Section 914.22(1)(a), Florida Statutes (2015), prohibits the use of intimidation, physical force, or . . . jury's verdict that the defendant's phone calls to Andrea constitute witness tampering under section 914.22 . . .
. . . with one count of conspiracy to commit the felony of tampering with a victim, in violation of sections 914.22 . . .
. . . . § 914.22(1)(e) & (5), Fla. Stat. (2014). . . .
. . . Section 914.22(1), Florida Statutes (2015), defines the offense of tampering with a witness as follows . . . Pursuant to the language of section 914.22(1)(e), the accused must have the intent to influence a witness's . . . The First District examined the language of section 914.22(1)(e) and held that there was insufficient . . . See § 914.22(1)(e). . . . Section 914.22(1) lists other acts that constitute witness tampering; however, those acts have not been . . .
. . . Give if requested and if applicable. § 914.22(5)(a), Fla. Stat. . . . . § 914.22(5)(b), Fla. Stat. . . . . § 914.22(6)(a), Fla. Stat. . . . . § 914.22(6)(b), Fla. Stat. . . . See § 914.22(2), Fla. Stat. . . .
. . . Section 914.22 provides, in pertinent'part, that a person commits the crime of witness tampering when . . . stand for the proposition that in order to support a-conviction for witness tampering under section 914.22 . . . Certifying conflict with McCray, the Second District held that “section 914.22(l)(e) does not require . . . In arriving at this conclusion, the McCloud court looked to the plain language of section 914.22(l)(e . . . (quoting § 914.22(l)(e), Fla. Stat.). . . .
. . . Antoine McCloud challenges his judgment and sentence for tampering with a witness, a violation of section 914.22 . . . Because we find that section 914.22(l)(e) does not require the State to prove that a witness was attempting . . . McCloud’s motion for judgment of acquittal and the interpretation of section 914.22(l)(e). . . . Our sister court, however, failed to provide any explanation for its interpretation of section 914.22 . . . See § 914.22(l)(e); Fla. Std. Jury Instr. . . .
. . . State filed an information charging appellee with tampering with a witness in violation of section 914.22 . . .
. . . the original charge of first-degree tampering with a witness involving a second-degree felony, see § 914.22 . . . the lesser included offense of third-degree tampering with a witness involving a misdemeanor, see § 914.22 . . .
. . . Pinder was not charged with a violation of section 914.22 of the Florida Statutes, which prohibits the . . . use of “intimidation or physical force” or threat against a witness, victim or informant. § 914.22, . . . This Court also concluded that, because Pinder was not charged with violating section 914.22 of the Florida . . . case reveals, however, that Pinder did not merely threaten his victims, as contemplated in section 914.22 . . . Therefore, Pinder’s assertion that he was not charged and convicted for threats under section 914.22 . . .
. . . See § 914.22, Fla. . . . See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014). . . .
. . . Appellant Raul Banegas-Membran was found guilty of tampering with a witness under section 914.22(1), . . . closing argument statements which intimated that manipulation is a form of intimidation under section 914.22 . . . In relevant part, section 914.22(1) criminalizes the actions of: A person who knowingly uses intimidation . . . Florida’s, section 914.22 is based on- a federal.statute, 18 U.S.C. § 1512. State v. . . . The element at issue is the -“knowingly uses intimidation” provision of section 914.22, Florida Statutes . . .
. . . By comparison, the witness tampering statute, section 914.22, expressly states that a person violates . . . person to [take certain actions] commits the crime of tampering with a witness, victim, or informant. § 914.22 . . .
. . . . § 914.22 (Count 3). . . .
. . . . § 914.22(l)(e), Fla. Stat. (2014). . . .
. . . See § 914.22(l)(f), Fla. Stat. (2011). . . . See § 914.22(1). . . . directions to vacate Mays’s conviction and sentence for tampering with a witness in violation of section 914.22 . . . See § 914.22(2), Fla. Stat.” . . .
. . . tampering with, harassing, or retaliating against a witness, victim, or informant in violation of sections 914.22 . . .
. . . . § 914.22. Craig, 127 F.3d at 1042. . . .
. . . . § 914.22(l)(e), Fla. Stat. (2013). . . .
. . . violation of the moral character rule governing law enforcement officers through violation of sections 914.22 . . . that the Commission had proven by clear and convincing evidence that Appellant had violated sections 914.22 . . . or induce any person to withhold testimony from an official investigation or official proceeding. § 914.22 . . . from attending or testifying in an official proceeding or cooperating in an official investigation. § 914.22 . . .
. . . Section 914.22, Florida Statutes (2011), sets out criminal sanctions for interfering with a witness’s . . .
. . . appeal, Charlie Williams contends his convictions for tampering with a witness, in violation of section 914.22 . . . found guilty at the same trial on three counts of tampering with a witness, in violation of section 914.22 . . . The jury had to find this fact beyond a reasonable doubt in order to convict under section 914.22(l)( . . . Prior to 1991, subsection 914.22(l)(a), Florida Statutes, provided that it was unlawful for a person . . . In 1991, subsection 914.22(l)(a), and subsection 914.22(3), Florida Statutes, were repealed in response . . .
. . . statute: tampering with a witness and concealing evidence, in violation of Florida Statutes Sections 914.22 . . .
. . . employee” appears to have been inadvertently omitted from the language which purportedly tracks section 914.22 . . . This instruction was adopted in 2013. 21.10 TAMPERING WITH A [WITNESS] [VICTIM] [INFORMANT] § 914.22( . . . Give if requested and if applicable. § 914.22(5) (a), Fla. Stat. . . . See § 914.22(2), Fla. Stat. . . . See § 914.22(4), Fla. Stat. . . .
. . . . § 914.22(l)(e), Fla. Stat. (2011). . . .
. . . Similarly, Florida Statute § 914.22 entitled “Tampering with or harassing a witness, victim, or informant . . . Stat. § 914.22 (Westlaw 2008). . . . Stat. § 914.22 (Westlaw 2008). . . . However, Florida Statute § 918.14 was replaced by § 914.22 in 1984, by the Florida Legislature. . . .
. . . FALSE IMPRISONMENT, in violation of s. 914.22(1) and s. 914.22(2)(c), Fla. Stat. . . . Section 914.22(2), Florida Statutes (2010), provides the following penalties for tampering: (2) Tampering . . . , to wit: aggravated battery on a pregnant person and/or ... false imprisonment, in violation of s. 914.22 . . . caption on the first page of the information, Count Five alleged “TAMPER/WIT/VIC/2D DEGREE FELONY S. 914.22 . . . Section 914.22(1) defines the crime of tampering; section 914.22(2)(c) specifically provides that the . . .
. . . section 794.011(8)(b), Florida Statutes; one count of tampering with a witness in violation of sections 914.22 . . .
. . . . § 914.22, kidnaping using a deadly weapon, id. § 787.01(l)(a)(3), and four counts of sexual battery . . .
. . . . § 1512(3)(b) and § 918.13 and § 914.22, Florida Statutes, withheld, concealed and/or destroyed evidence . . .
. . . Specifically, Murray alleged that he was charged with a violation of subsection 914.22(l)(a), Florida . . . Statutes, but the trial court instructed the jury on subsections 914.22(l)(a)-(f), Florida Statutes. . . . 4th DCA 2009) (holding it reversible error to instruct the jury on subsections (a) and (e) of section 914.22 . . .
. . . The court improperly combined the elements of subsections (e) and (a) of section 914.22(1), Florida Statutes . . .
. . . Section 914.22(l)(f), Florida Statutes (2005), defines tampering with a witness as using intimidation . . . Section 914.22(l)(e) prohibits the same conduct when done with the intent to “[h]inder, delay, or prevent . . .
. . . Florida Statues §§ 837.02 and 837.021, (3) tampering with witnesses in violation of Florida Statutes § 914.22 . . .
. . . We affirm appellant’s convictions of tampering with a witness, contrary to section 914.22(1), Florida . . . We reverse appellant’s conviction of harassing a witness under section 914.22(2), Florida Statutes (2000 . . . delayed, prevented, or dissuaded the informant from engaging in any of the conduct specified in section 914.22 . . .
. . . Section 914.22(l)(a), Florida Statutes (2002) prohibits intimidation, physical force, or threats with . . .
. . . fiduciary duty; (4) civil remedies for criminal practices act (witness tampering in violation of sections 914.22 . . . (11) injunctive relief to protect against racketeering (witness tampering in violation of sections 914.22 . . . the civil remedies for criminal practices act relating to witness tampering, in violation of sections 914.22 . . .
. . . him to withhold evidence from an official investigation or official proceeding, contrary to section 914.22 . . .
. . . Stat. 914.22(1)(e). . . . .
. . . the plea agreement satisfy the elements of tampering with a witness or informant pursuant to section 914.22 . . .
. . . Hager was then charged with tampering with a witness in violation of section 914.22, Florida Statutes . . . See section 914.22(l)(a), Florida Statutes. AFFIRMED. GRIFFIN, C.J., and THOMPSON, J., concur. . . .
. . . See §§ 914.22(1), 843.15(1)(a), Fla. Stat. (1993). . . .
. . . Such conduct would, of course, constitute the crime of tampering with a witness, see § 914.22, Fla.Stat . . .
. . . . § 914.22 and .23, there is insufficient record evidence to establish those crimes. . . .
. . . See §§ 914.22; 775.082(3)(d), Fla. . . .
. . . sentence imposed upon him after a jury found him guilty of tampering with a witness, contrary to section 914.22 . . .
. . . . §§ 1512 and 1513 and Florida Statutes §§ 914.22 and 914.28. . . . Section 914.22 or s. 914.23, relating to witnesses, victims or informants.” . . .
. . . observation that section 914.23 does not address the evil of tampering with a witness as does section 914.22 . . . Prior to the enactment of sections 914.22 and 914.23, section 918.14, Florida Statutes (1983), which . . .
. . . See §§ 914.22(1), 843.02, 775.082(3)(d), 775.082(4), Florida Statutes (1989). . . .
. . . pleaded nolo contendere to the misdemeanor charge of tampering with a witness, in violation of section 914.22 . . .
. . . Thereupon, Gill was arrested and charged with seven counts of witness tampering in violation of section 914.22 . . . The information in the instant case tracks section 914.22(l)(e) almost verbatim. . . . Section 914.22(l)(e) provides: (1) A person who knowingly uses intimidation or physical force, or threatens . . . To establish a violation of section 914.22(l)(e), the state must prove that the accused specifically . . . Section 914.22(l)(e); Overton v. United States, 403 F.2d 444 (5th Cir.1968); United States v. . . .
. . . The issue on appeal is the constitutionality of a section of the witness tampering statute, section 914.22 . . . The trial court granted defendant’s motion to dismiss the charge finding section 914.22(l)(b) unconstitutional . . .
. . . ground that can permit departure, if the conduct could be the basis for an information under section 914.22 . . .
. . . since threatening or shooting at a witness is a statutory violation of which he was not convicted, § 914.22 . . . However, the defendant was never charged with a violation of section 914.22; thus, the threats were acceptable . . .
. . . Instead, we proceed under the assumption that Bell was charged under section 914.22(1)(a), which was . . .
. . . .-22(l)(a) & 914.22(3), Fla.Stat. (1985)). Jurisdiction is mandatory. Art. V, § 3(b)(1), Fla. . . . On every count, the information alleged a violation of subsection 914.22(l)(a), which makes it a crime . . . The only assistance seems to appear in Florida Statute 914.22(3) which states that if the defendant’s . . . See § 914.22(3), Fla.Stat. (1985). . . . 914.22, Florida Statutes (1985), are unconstitutional. . . . .-22(l)(a) or subsection 914.22(3), Florida Statutes (1985), is unconstitutional. . . . The purpose of section 914.22, generally referred to as the witness/victim tampering statute, is to prohibit . . . the criminality of such conduct upon presentation and proof of the factors specified in subsection 914.22 . . . The state must prove the illegal conduct and subsection 914.22(3) does not change that requirement. . . . I find that we can reasonably construe section 914.22(l)(a) and (3), Florida Statutes (1985), as constitutional . . . I find that, when the legislature provided, in section 914.22(3), that a defendant could assert as a . . .
. . . convicted of tampering with a witness and conspiracy to tamper with a witness, in violation of sections 914.22 . . . with a witness should be set aside because .the statute under which he was convicted in 1987, section 914.22 . . .
. . . Chapman was charged with witness tampering in violation of section 914.22, Florida Statutes (1987), by . . . use intimidation or physical force with intent to influence testimony in an official proceeding. § 914.22 . . . We also agree that subsection 914.22(3), unconstitutionally relieves the state of its burden to prove . . .
. . . . §§837.02, 914.22 (1989), and its courts have subpoena and contempt powers available to bring recalcitrant . . .
. . . his adjudication of guilt of the felony offense of tampering with a witness in violation of section 914.22 . . .
. . . state charged appellee, Louis Cohen, with three counts of witness tampering in violation of section 914.22 . . . Section 914.22 contains the same provisions as those found in Federal Statute 18 U.S.C. § 1512 (1982) . . . Florida’s Section 914.22 provides in pertinent part: (1) A person who knowingly uses intimidation or . . . The only assistance seems to appear in Florida Statute 914.22(3) which states that if the defendant’s . . . We affirm the trial court’s order declaring sections 914.22(l)(a) and (3) unconstitutional. . . .
. . . See § 914.22-.23, Fla.Stat. (1985). .See, e.g., T. . . .
. . . Appellant was found guilty of the felony offense of tampering with a witness under Section 914.22(1), . . .
. . . Appellee, Thomas Dale Atkinson, was charged with tampering with a witness in violation of section 914.22 . . . Section 914.22(1), Florida Statutes (Supp. 1984), provides: (1) A person who knowingly uses intimidation . . .
. . . — 12—20 10 — 12—20 9— 6 — 22 3 — 15—21 6 — 15—21 9 — 15—21 12 — 15—21 8 — 25—22 $69,844.31 3,190.39 914.22 . . .