Crimes for Tampering

The Florida legislature has created several crimes related to tampering. For example, Florida law prohibits tampering with:

• Evidence under Section 918.13(1);
• a Witness, Victim, or Informant under Section 914.22, F.S.;
• a Juror under Section 918.12, F.S.; and
• an Electronic Monitoring Device under Section 843.23, F.S.

Other related crimes include:

• Retaliating Against a Witness under Section 914.23.

Attorney for Tampering Crimes in Tampa, Florida

If you were accused of then contact an experienced criminal defense attorney in Tampa, FL, at Sammis Law Firm. We have additional offices in New Port Richey in Pasco County and Clearwater in Pinellas County, FL.

Our criminal defense attorneys represent clients throughout the greater Tampa Bay area including Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, Hillsborough County, and Polk County, FL.

Call 813-250-0500.

Tampering with a Witness, Victim, or Informant under Section 914.22

Under s. 914.22, F.S., a person commits the crime of tampering with a witness, victim, or informant if he or she knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

1. Withhold testimony, or withhold a record, document, or other object, from an official investigation or
   official proceeding;
2. Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;
3. Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;
4. Be absent from an official proceeding to which such person has been summoned by legal process;
5. Hinder, delay, or prevent the communication to a law enforcement officer or judge of 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; or
6. Testify untruthfully in an official investigation or an official proceeding.

Tampering with a witness, victim, or informant has a graduated penalty scheme so that a violation is a:

1. Third degree felony, if either:
   • if the offense level of the affected official investigation or official proceeding is
     indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding; or
   • the official investigation or official proceeding affected involves the
     investigation or prosecution of a misdemeanor;
2. Second degree felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.
3. First degree felony if the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.
4. First degree felony if the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.
5. Life felony if the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

Tampering with a Juror under Section 918.12

Under Florida Statute Section 918.12, a person commits a third degree felony if he or she influences the judgment or decision of any grand or petit juror on any matter, question, cause, or proceeding which may be pending, or which may by law be brought, before him or her as such juror, with intent to obstruct the administration of justice.

Tampering or Fabricating Physical Evidence under Section 918.13(1)

If you were charged with tampering with evidence, the crime is often listed on the docket as “TAMP4000 TAMPERING WITH PHYSICAL EVIDENCE (DESTROY).”

Section 918.13(1) prohibits tampering with or fabricating physical evidence while knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted.

Subsection (a) prohibits altering, destroying, concealing, or removing any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation.”

Subsection (b) prohibits making, presenting, or using any record, document, or thing, knowing it to be false.

Under either subjection, the crime of tampering with evidence is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

Elements of Tampering or Fabricating Physical Evidence in Florida

Florida Statute Section 918.13, F.S., prohibits tampering with or fabricating physical evidence. The elements of the crime including:

• the defendant knew that a criminal trial or proceeding, or an investigation by a prosecuting authority, law enforcement agency, grand jury, or legislative committee is pending or about to be instituted;
• acted by altering, destroying, concealing, or removing any record, document, or thing with the purpose to impair its verity or availability in the proceeding or investigation; or
• acted by making, presenting, or using any record, document, or thing, knowing it to be false.

A person accused of tampering with or fabricating physical evidence can be charged with a third degree felony which is punishable by up to five (5) years in Florida State Prison.

A person may only be convicted of tampering with evidence in circumstances where the person has the specific intent to destroy or conceal evidence to such an extent that it is unavailable for trial or investigation. E.I. v. State, 25 So.3d 626 (Fla. 2d DCA 2009).

Prior to October 1, 2022, the criminal penalty for tampering with or fabricating physical evidence does not vary based on the severity of the underlying crime that is being investigated or prosecuted.

So a person accused of tampering with evidence in a murder investigation is subject to the same penalty as a person that is accused of tampering with evidence in a case involving misdemeanor marijuana possession.

Effective October 1, 2022, CS/HB 287 amended s. 918.13, F.S., to increase the penalty if a person tampers with or fabricates physical evidence in a criminal trial, proceeding, or investigation relating to a capital felony from a third degree felony to a second degree felony.

The most commonly prosecuted examples of a capital felony include:

• first degree murder
• capital sexual battery
• specified drug trafficking offenses.

The bill ranks the offense of tampering with or fabricating physical evidence relating to a capital felony as a Level 6 offense on the Criminal Punishment Code’s offense severity ranking chart (OSRC).

A conviction for tampering with or fabricating physical evidence in an investigation or court proceeding involving any other crime remains a third degree felony. Tampering with physical evidence remains a Level 3 offense on the OSRC.

The bill ranks the previously unranked offense of fabricating physical evidence as a Level 3 offense on Florida’s Criminal Punishment Code’s offense severity ranking chart.

Tampering with a CAM, SCRAM, or GPS in Florida

The attorneys at Sammis Law Firm also represent clients charged with tampering with the Continuous Alcohol Monitor (CAM), the Secure Continuous Remote Alcohol Monitoring (SCRAM), or the Global Positioning System “GPS” monitor.

If you are accused of tampering with a CAM, SCRAM, or GPS, then you can be charged under Section 843.23 with tampering with an electronic monitoring device, which is a third-degree felony.

In many of these cases, the electronic monitor is required as a condition of pre-trial release.

We also help clients petition the court for the removal of the electronic monitor while on pre-trial release. Each judge handles these cases differently, so your criminal defense attorney should be familiar with the way the judge assigned to your case might handle that issue.

This article was last updated on Friday, February 6, 2026.