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FL · jury_instructions

Fla. Std. Jury Instr. (Crim.) 21.26

RETALIATING AGAINST A COURT OFFICIAL

activein force · 2026-07-29 – presentact-effective-date

§ 918.125, Fla. Stat.

To prove the crime of Retaliating Against a Court Official, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b or both as applicable.

1. (Defendant)

a. knowingly engaged in conduct that threatened to cause bodily injury to (name of person).

b. [damaged] [threatened to damage] the tangible property of (name of person).

2. (Defendant) did so with the intent to retaliate against (name of person) for [his] [her] participation in an official investigation or official proceeding.

3. At the time, (name of person) was a[n] [judge] [justice] [general magistrate] [special magistrate] [grand juror] [petit juror] [clerk of the court] [deputy clerk of the court] [judicial assistant] [administrative assistant] [attorney] [child support enforcement hearing officer] [bailiff] [court deputy].

Give if applicable.

If you find (defendant) guilty of Retaliating Against a Court Official, you must further determine whether the State proved beyond a reasonable doubt that the commission of Retaliating Against a Court Official resulted in bodily injury.

“Bodily injury” means a cut, an abrasion, a bruise, a burn, or a disfigurement; physical pain; illness; impairment of the function of a bodily member, an organ, or a mental faculty; or any other injury to the body, regardless of how temporary.

Give as applicable.

“Administrative assistant” means a court employee assigned to the office of a specific general or special magistrate or a child support enforcement hearing officer.

“Judicial assistant” means a court employee assigned to the office of a specific judge or justice responsible for providing administrative, secretarial, or clerical support to the assigned judge or justice.

“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 by the Commission on Ethics.

“Official proceeding” means any proceeding before a judge or court or a grand jury.

Lesser Included Offenses

RETALIATING AGAINST A COURT OFFICIAL — 918.125

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Aggravated Assault

784.021

8.2

Criminal Mischief

806.13

12.4

Assault

784.011

8.1

Attempt

777.04(1)

5.1

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
a5923c41286ec1a29a12312d2478c1fe31f0132be231880ee2f39936dfc49c77
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