918.12 Tampering with or harassing a court official.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

6. A life felony, 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 life or capital felony.

(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.