918.12
Tampering with or harassing a court official.
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918.12 Tampering with or harassing a court official.—
(1) TAMPERING WITH A COURT OFFICIAL.—
(a) A person who knowingly commits any of the following acts with the intent to cause or induce any court official to obstruct the administration of justice or affect the outcome of an official investigation or official proceeding commits the crime of tampering with a court official:
1. Uses intimidation or physical force;
2. Threatens any person or attempts to do so;
3. Engages in misleading conduct toward any person; or
4. Offers pecuniary benefit or gain to any person.
(b) A person who violates paragraph (a) commits:
1. A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense level of the affected official investigation or official proceeding is indeterminable.
2. A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor or noncriminal matter pending in county court.
3. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the third degree or noncriminal matter pending in circuit court.
4. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the second degree.
5. A felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree or a felony of the first degree punishable by a term of years not exceeding life.
(2) HARASSING A COURT OFFICIAL.—
(a) A person who intentionally harasses a court official and thereby hinders, delays, prevents, or dissuades, or attempts to hinder, delay, prevent, or dissuade, a court official from performing any of the following acts commits the crime of harassing a court official:
1. Attending an official proceeding;
2. Rendering a fair verdict based solely upon the evidence produced at an official proceeding and upon the law; or
3. Following the rules of juror behavior and deliberation as set forth by the judge.
(b) A person who violates paragraph (a) commits:
1. A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor or noncriminal matter pending in county court.
2. A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense level of the affected official investigation or official proceeding is indeterminable.
3. A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the third degree or any noncriminal matter pending in circuit court.
4. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the second degree.
5. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree.
6. A felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, if the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.
(3) APPLICABILITY.—This section does not apply to the actions of an attorney acting in the performance of his or her duties.
History.—s. 1, ch. 72-315; s. 1540, ch. 97-102; s. 3, ch. 2025-126.
Notes of Decisions
Cited in 5
cases, 2000–2019 · leading case: Nobles v. State
Nobles v. State (2000)
“He contends that the evidence was insufficient to support a conviction under section 918.12, Florida Statutes, because the juror he allegedly threatened was merely a prospective juror who had not been selected to serve in his case.”
Gammage v. State (2015)
“In analyzing the issue, the court made the following statements: Section 918.12, Florida Statutes!,] expressly prohibits an attempt to threaten or influence any person who has been summoned for jury duty and might be called upon to serve on a; jury .”
Schmidter v. State (2012)
“nterfere with the fair and orderly conduct of jury trials, and the orderly and peaceable conduct of court business in a neutral forum free of actual or perceived partiality; and WHEREAS, expressive conduct and the dissemination of leaflets and other materials containing written…”
PATRICK GAMMAGE v. STATE OF FLORIDA (2019)
“Gammage's trial on the drug charges was continued, and the State filed three new charges against Gammage for tampering with jurors in violation of section 918.12, Florida Statutes (2013). At Gammage's trial on the tampering charges, the evidence showed that three prospective…”
Gammage v. State (2016)
“(2013) (ranking the third-degree felony of tampering with jurors under section 918.12, Florida Statutes, as a level 4 offense).”
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