The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.021

838.021 Corruption by threat against public servant.—

(1) It is unlawful to harm or threaten to harm any public servant, his or her immediate family, or any other person with whose welfare the public servant is interested with the intent to:

(a) Influence the performance of any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty.

(b) Cause or induce the public servant to use or exert, or procure the use or exertion of, any influence upon or with any other public servant regarding any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty.

(2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the public servant had assumed office, that the matter was properly pending before him or her or might by law properly be brought before him or her, that the public servant possessed jurisdiction over the matter, or that his or her official action was necessary to achieve the person’s purpose.

(3)(a) Whoever unlawfully harms any public servant or any other person with whose welfare the public servant is interested shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Whoever threatens unlawful harm to any public servant or to any other person with whose welfare the public servant is interested shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 61, ch. 74-383; s. 37, ch. 75-298; s. 1316, ch. 97-102; s. 13, ch. 2010-117.

F.S. 838.021 on Google Scholar

F.S. 838.021 on Casetext

Amendments to 838.021

Arrestable Offenses / Crimes under Fla. Stat. 838.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.021 3a - CRIMES AGAINST PERSON - HARM PUBLIC SERVANT OR FAMILY - F: S

S838.021 3b - CRIMES AGAINST PERSON - CORRUPT BY THREAT PUBLIC SERVANT OR FAMILY - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . .3d 720 ] and amended in 2018. 21.12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021 . . . Give if requested and if applicable. § 838.021(2), Fla. Stat. . . . See See § 838.021(3)(a) and (b), Fla. Stat. . . .

JOHNSON, v. STATE, 185 So. 3d 1282 (Fla. Dist. Ct. App. 2016)

. . . the appellant was convicted of corruption by threat against a public servant, a violation of section 838.021 . . . To prove the crime- of corrupting a public servant-by threat pursuant to; section 838.021(1), the State . . . or her immediate family, or any other person with whose welfare the public servant is interested.” § 838.021 . . . a defendant need not use or threaten to use physical force or violence in order to violate section 838.021 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . instruction was adopted in 2013. 21.12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021 . . . Give if requested and if applicable. § 838.021(2), Fla. Stat. . . . See § 838.021(3)(a) and (b), Fla. Stat. . . .

P. B. a v. STATE, 95 So. 3d 944 (Fla. Dist. Ct. App. 2012)

. . . Servant With regards to the second issue raised on appeal, P.B. was charged with violating section 838.021 . . .

NUGENT, v. STATE, 45 So. 3d 528 (Fla. Dist. Ct. App. 2010)

. . . Section 838.021, Florida Statutes, makes it a crime to threaten harm to a public official with the intent . . .

DEL RIO, v. STATE, 22 So. 3d 701 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2004), and threatening a public servant, § 838.021(3)(b), Fla. . . .

LANIER, v. STATE, 983 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . section 784.078, Florida Statutes (2002), and threatening a public servant, in violation of section 838.021 . . .

KOSITSKY, v. STATE, 974 So. 2d 614 (Fla. Dist. Ct. App. 2008)

. . . Corruption by threat against a public servant is defined in section 838.021, Florida Statutes (2006), . . .

TEELE, Jr. v. STATE, 954 So. 2d 1195 (Fla. Dist. Ct. App. 2007)

. . . their duty with regard to an official police investigation in violation of Florida Statutes section 838.021 . . . performance of a public duty, to wit: CONDUCTING AN OFFICIAL POLICE INVESTIGATION, in violation of s. 838.021 . . . insufficient to support a conviction for corruption by threat against a public servant, under section 838.021 . . . The elements of the crime of corruption by threat against a public servant are set out in section 838.021 . . . The Fifth District Court of Appeal reversed Bragg’s conviction under section 838.021, Florida Statutes . . .

J. G. a v. STATE, 915 So. 2d 274 (Fla. Dist. Ct. App. 2005)

. . . Florida Statutes Section 838.021, Corruption by Threat Against Public Servant, makes it a felony to harm . . .

LIVINGSTON, v. STATE, 833 So. 2d 298 (Fla. Dist. Ct. App. 2002)

. . . of three counts of extortion, one count of threat against a public servant in violation of section 838.021 . . . offenses charged in counts I and IV of the information filed against her, and for the violation of section 838.021 . . .

SMITH, v. STATE v., 754 So. 2d 889 (Fla. Dist. Ct. App. 2000)

. . . . § 838.021, Fla. Slat. (1999). . . .

S. HART, v. STATE, 761 So. 2d 334 (Fla. Dist. Ct. App. 1998)

. . . We affirm Appellant’s conviction for corruption by threat under section 838.021, Florida Statutes (1997 . . . Section 838.021 provides that an accused can be convicted of “corruption by threat” in one of two ways . . . F.S. 838.021(l)(a), (3)(a).” . . .

WEEKFALL, v. STATE, 686 So. 2d 618 (Fla. Dist. Ct. App. 1996)

. . . . § 838.021, Fla. Stat. (1993). . . .

STATE v. HART,, 677 So. 2d 385 (Fla. Dist. Ct. App. 1996)

. . . Appellee William Hart was charged with corruption by threat under section 838.021(1) as enhanced by section . . .

A. MILLER, v. STATE, 667 So. 2d 325 (Fla. Dist. Ct. App. 1995)

. . . Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat . . . Appellant in this case was charged with a violation of section 838.021(3)(b), which states in part, ( . . . State, 641 So.2d 486 (Fla. 5th DCA 1994), the offender was charged with a violation of section 838.021 . . . In Harrison, the court held that “subsection 838.021(3)(a) merely enumerates the penalty imposed for . . .

COLEMAN, v. STATE, 645 So. 2d 176 (Fla. Dist. Ct. App. 1994)

. . . violence [§ 843.01, Fla.Stat. (1993) ], (3) two counts of corruption by threat against a public servant [§ 838.021 . . .

HARRISON, v. STATE, 641 So. 2d 486 (Fla. Dist. Ct. App. 1994)

. . . responds that the trial court correctly denied Harrison’s motion to dismiss Count I because section 838.021 . . . At issue is the proper construction of section 838.021, Florida Statutes (1991) which provides: Corruption . . . The trial court found that section 838.021(3)(b) violated the equal protection clause because it did . . . That is the precise conduct proscribed by subsections 838.021(l)(a) and (b) and the same conduct the . . . We, therefore, reverse Harrison’s conviction and sentence for violating subsection 838.021(3)(a). . . .

K. REILLY, v. STATE DEPARTMENT OF CORRECTIONS, A., 847 F. Supp. 951 (M.D. Fla. 1994)

. . . The issues raised on appeal included: (1) Section 838.021, Florida Statutes was unconstitutional; (2) . . . Claims Involving Section 838.021, Florida Statutes Vagueness Petitioner alleges that § 838.021 is vague . . . Accordingly, § 838.021 is not overbroad. . . . Section 838.021 requires that the target be a public servant while § 836.10 does not. . . . Section 836.10 requires that the threat be written while § 838.021 does not. . . .

RANKIN, v. STATE, 620 So. 2d 1028 (Fla. Dist. Ct. App. 1993)

. . . find, not one but two separate convictions for “threatening a public servant,” a violation of section 838.021 . . .

ABRAMS, v. STATE, 599 So. 2d 238 (Fla. Dist. Ct. App. 1992)

. . . See § 838.021, Fla.Stat. (1975), and § 775.084, Fla.Stat. (1989). . . .

In P. J. a, 579 So. 2d 299 (Fla. Dist. Ct. App. 1991)

. . . Appellant, a juvenile, was charged with violation of section 838.021(l)(a) and (3)(b), Florida Statutes . . . Appellant acknowledges that he did not challenge the facial constitutionality of section 838.021, Florida . . .

STATE v. SLAUGHTER,, 574 So. 2d 218 (Fla. Dist. Ct. App. 1991)

. . . The issue presented is whether section 838.021(3)(b), Florida Statutes (1989), is unconstitutional because . . . The challenged statute, section 838.-021, Florida Statutes (1989), provides: 838.021 Corruption by threat . . . In the instant case, the trial court found that section 838.021(3)(b) is in violation of the Equal Protection . . . Application of principles of statutory construction to section 838.021 indicates that, contrary to the . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . .-016 None Attempt if only give or accept is charged Corruption by threat against public servant— 838.021 . . .

J. SMITH, v. STATE, 532 So. 2d 50 (Fla. Dist. Ct. App. 1988)

. . . justified by the right of all persons to live free of unexpected and unwarranted fear of harm; and section 838.021 . . . Respectively, § 836.10, Fla.Stat. (1987) and § 838.021(3)(b), Fla.Stat. (1987). . . . .

THE FLORIDA BAR, v. A., 529 So. 2d 669 (Fla. 1988)

. . . William MacGuire pled nolo contendere and was found guilty on August 8, 1986 of violating sections 838.021 . . .

DUGGAR, v. STATE, 483 So. 2d 532 (Fla. Dist. Ct. App. 1986)

. . . effective assistance of counsel for failing to properly raise and argue the unconstitutionality of section 838.021 . . .

S. BRAGG, v. STATE, 475 So. 2d 1255 (Fla. Dist. Ct. App. 1985)

. . . The elements of the crime of corruption by threat against a public servant are set out in section 838.021 . . . public servant, in violation of a public duty, or in performance of a public duty. * * * SÍ» * * § 838.021 . . . ORFINGER and COWART, JJ., concur. . § 838.021, Fla.Stat. (1983). . § 790.07, Fla.Stat. (1983). .§ 790.15 . . .

PAGANO, v. STATE, 387 So. 2d 349 (Fla. 1980)

. . . Defendant was charged by information with corruption by threat under section 838.021, Florida Statutes . . . issue is whether attempted corruption by threat is a lesser included criminal offense under section 838.021 . . . A reading of section 838.021, Florida Statutes (1977), reveals that the attempt to carry out the criminal . . . The attempt to corrupt is itself a violation of section 838.021; therefore, there can be no lesser included . . .