11th Cir. Pattern Jury Instr. (Criminal) O59.2

18 U.S.C. § 1512(b)(1)

It’s a Federal crime to [use intimidation] [use physical force] [threaten

another person] with intent to [influence] [delay] [prevent] the testimony of a

witness in any proceeding in this Court.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the person described in the indictment was [a witness] [scheduled

to be a witness] in this Court;

(2) the Defendant used [intimidation] [physical force] [threats] against

that person; and

(3) the Defendant acted knowingly and intended to [influence] [delay]

[prevent] the witness’s testimony.

To “intimidate” someone is to intentionally say or do something that would

cause an ordinary person to fear bodily harm. But the Government doesn’t have to

prove that the witness was actually frightened or that the Defendant’s behavior was

likely to cause terror, panic, or hysteria.

To act with intent to “influence” a witness’s testimony means to try to get

the witness to change or color or shade the witness’s testimony in some way. But

the Government doesn’t have to prove that the witness's testimony was actually

changed in any way.