Fla. Std. Jury Instr. (Crim.) 21.11

§ 914.22(3), Fla. Stat.

To prove the crime of Harassing a [Witness] [Victim] [Informant] [Person], the State must prove the following three elements beyond a reasonable doubt:

Give as applicable.

1. (Defendant) intentionally [harassed] [attempted to harass] (name of person).

2. (Defendant) thereby [hindered] [attempted to hinder] [delayed] [attempted to delay] [prevented] [attempted to prevent] [dissuaded] [attempted to dissuade] [a person] [(name of 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] [a violation of a condition of [probation] [parole] [release pending a judicial proceeding]].

c. arresting or seeking the arrest of another person in connection with an offense.

d. causing a [criminal prosecution] [[parole] [probation] revocation proceeding] to be sought or instituted or from assisting in such [prosecution] [proceeding].

3. The [official investigation] [official proceeding] [offense] [violation of a condition of [probation] [parole] [release]] [affected] [attempted to be affected], involved the investigation or prosecution of a[n]

[non-criminal offense]

[misdemeanor]

[third degree felony]

[second degree felony]

[first degree felony [punishable by a term of years not exceeding life]]

[life felony]

[capital felony]

[offense of indeterminable degree].

The Court instructs you that a[n] (name of offense) is a[n] (insert appropriate severity level of offense).

Give if requested and if applicable.

§ 914.22(5)(a), Fla. Stat.

The State does not have to prove that an official proceeding was pending or about to be instituted at the time of this alleged offense.

§ 914.22(5)(b), Fla. Stat.

The State does not have to prove that the testimony or the record, document, or other thing was admissible in evidence [or free from a claim of privilege].

§ 914.22(6)(a), Fla. Stat.

The State does not have to prove that the defendant knew or should have known that the official proceeding before a judge, court, grand jury, or government agency, was before a judge or court of the state, a state or local grand jury, or a state agency.

§ 914.22(6)(b), Fla. Stat.

The State does not have to prove that the defendant knew or should have known 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.

Definitions. § 914.21, Fla. Stat. Give as applicable.

“Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state or the Commission on Ethics.

“Official proceeding” means:

a. A proceeding before a judge or court or a grand jury;

b. A proceeding before the Legislature;

c. A proceeding before a federal agency that is authorized by law; or

d. A proceeding before the Commission on Ethics.

Lesser Included Offense

The degree of this crime depends on the severity of the underlying offense that is the subject of the harassment. § 914.22(4), Fla. Stat.