Florida Statutes

Fla. Stat. § 914.23 (2025)

Retaliating against a witness, victim, or informant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) Any 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 given by a person to a law enforcement officer;

or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 15, ch. 84-363; s. 45, ch. 87-243.

Arrestable Offenses under F.S. 914.23

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§914.23(1)OBSTRUCTING JUSTICEBODILY INJ RETALIATE WIT ATTEND TESTIFY EVIDF · 2nd

§914.23(1)OBSTRUCTING JUSTICERETALIATE FOR WITNESS ATTEND TESTIMONY EVIDENF · 3rd

§914.23(2)OBSTRUCTING JUSTICEBODILY INJ RETALIATE INFO CRIME SUPERV PROCEEDF · 2nd

§914.23(2)OBSTRUCTING JUSTICERETALIATE FOR INFO CRIME SUPERVISION PROCEEDF · 3rd

§914.23OBSTRUCTING JUSTICERENUMBERED. SEE REC #8879F · 2nd

§914.23OBSTRUCTING JUSTICERENUMBERED. SEE REC #8880F · 3rd

Notes of Decisions

Cited in 15 cases (5 in the last 5 years), 1994–2024 · leading case: State v. Jones, 642 So. 2d 804 (Fla. 5th DCA 1994).

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State v. Jones, 642 So. 2d 804 (Fla. 5th DCA 1994). · cites it 16× “§ 914.23, Fla. Stat. (1991) (emphasis added).”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 4× “9 [ATTEMPTED] RETALIATING AGAINST A [WITNESS] [VICTIM] [INFORMANT] § 914.23, Fla. Stat. To prove the crime of [Attempted] Retaliating Against a [Witness] [Victim] [Informant], the State must prove the following two elements beyond a reasonable doubt: Give as applicable.”

C.S. v. State, 869 So. 2d 637 (Fla. 5th DCA 2004). · cites it 6× “contends that the trial court erred in denying his motion for judgment of acquittal to the charge of retaliating against a witness in violation of section 914.23, Florida Statutes. A trial court must not grant a motion for judgment of acquittal unless there is no view of the…”

State v. Warsop, 954 P.2d 748 (N.M. Ct. App. 1997). “1994) (interpreting Fla. Stat. § 914.23 (Supp.1991)); United States v.”

R.T. v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). · cites it 8× “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

Rooney v. State, 654 So. 2d 673 (Fla. 5th DCA 1995). · cites it 2× “…concur. .§ 806.13, Fla.Stat. (1991). . § 810.02(1.) and (3), Fla.Stat. (1991). . § 806.01(2), Fla.Stat. (1991). . § 914.23, Fla.Stat. (1991).”

Keppel v. Nocco (M.D. Fla. 2021). · cites it 4× “11 witness, victim, or an informant under § 1513(e); (3) mail fraud under § 1341; (4) wire fraud under § 1343; (5) tampering with a witness, victim, or informant under section 914.”

RT v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). · cites it 8× “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

Donaldson v. State, 1 So. 3d 412 (Fla. 1st DCA 2009). · cites it 4× “” § 914.23 Fla. Stat. (2005) (emphasis added).”

Gibson v. Nocco (M.D. Fla. 2021). · cites it 2× “22 or section 914.23 of the Florida Statutes. Section 914.”

Lape v. Nocco (M.D. Fla. 2021). · cites it 2× “22 of the Florida Statutes proscribes tampering with a witness or victim and section 914.23 proscribes retaliating against a witness or victim.”

Pierre v. Dep't of Corr. (S.D. Fla. 2024). · cites it 2× “Factual Background On November 26, 2012, Petitioner was charged by Amended Information in the Circuit Court of the Eleventh Judicial District in and for Miami-Dade County, Florida, with (1) retaliating against a witness, in violation of Fla. Stat. § 914.23 ; (2) attempted armed…”

Show all 15 citing cases →

— 914.23(1) — 3 cases

C.S. v. State, 869 So. 2d 637 (Fla. 5th DCA 2004). “contends that the trial court erred in denying his motion for judgment of acquittal to the charge of retaliating against a witness in violation of section 914.23, Florida Statutes. A trial court must not grant a motion for judgment of acquittal unless there is no view of the…”

R.T. v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

RT v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

— 914.23(2) — 3 cases

R.T. v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

RT v. State, 34 So. 3d 142 (Fla. 3d DCA 2010). “was not charged under the correct subsection of section 914.23, and that the evidence supports a violation of section 914.”

Cruz v. State, 869 So. 2d 574 (Fla. 2d DCA 2003).

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