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Florida Statute 838.015 | Lawyer Caselaw & Research
F.S. 838.015 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
View Entire Chapter
F.S. 838.015
838.015 Bribery.
(1) “Bribery” means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a 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) Any person who commits bribery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 60, ch. 74-383; s. 35, ch. 75-298; s. 44, ch. 91-110; s. 1314, ch. 97-102; s. 3, ch. 2003-158; s. 2, ch. 2016-151.

F.S. 838.015 on Google Scholar

F.S. 838.015 on Casetext

Amendments to 838.015


Arrestable Offenses / Crimes under Fla. Stat. 838.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.015 - BRIBERY - BRIBERY OF OR BY PUBLIC SERVANT - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 214 So. 3d 1290 (Fla. 2017)

. . . Attachment Appendix 19.1 BRIBERY OF A PUBLIC SERVANT § 838.015(1), Fla._Stat. . . . Give if applicable. £ 838.015(2). Fla. . . . Give if applicable. $ 838.015(2), Fla.Stai. . . . adopted in 1981 and amended in 2005 [911 So. 2d 766J and 2017. ■ . 19.2 BRIBERY BY A PUBLIC SERVANT § 838.015 . . .

BATTERSON a k a v. STATE, 217 So. 3d 1062 (Fla. Dist. Ct. App. 2016)

. . . Richard Scott Batterson appeals his conviction of bribery in violation of section 838.015(1), Florida . . . Specifically, section 838.015(1) makes it a crime for a public servant to corruptly request, solicit, . . . More precisely, section 838.015(1), Florida Statutes (2013), provides: (1) "Bribery” means corruptly . . .

CZAJKOWSKI, v. STATE, 178 So. 3d 498 (Fla. Dist. Ct. App. 2015)

. . . ppellant was convicted of bribery and unlawful compensation for official behavior pursuant to sections 838.015 . . . 1) and 838.016(1), Florida Statutes (1977) — Appellant’s vagueness challenge fails because sections 838.015 . . .

ELLISON, v. STATE, 132 So. 3d 291 (Fla. Dist. Ct. App. 2014)

. . . Marlon Anthony Ellison challenges his conviction for bribery by a public servant in violation of section 838.015 . . . The defendant argues that he cannot be convicted for a violation of section 838.015 because he was not . . . Section 838.015 makes it a second degree felony for a “public servant” to accept pecuniary benefit given . . . for the purpose of influencing such public servant in the performance of his duties. § 838.015(1), ( . . . As it would be a crime and a violation of section 838.015(1) for a corrections officer at a state prison . . .

STATE v. FLANSBAUM- TALABISCO,, 121 So. 3d 568 (Fla. Dist. Ct. App. 2013)

. . . Section 838.015(1), Florida Statutes (2010), contains the definition for bribery, the second count against . . . discretion of a public servant, in violation of a public duty, or in performance of a public duty. § 838.015 . . . In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery: “Bribery . . . discretion of a public servant, in violation of a public duty, or in performance of a public duty. § 838.015 . . .

STATE v. FERNANDEZ,, 927 So. 2d 939 (Fla. Dist. Ct. App. 2006)

. . . property offenses, forgery, bribery, and unlawful compensation in violation of sections 895.03(3), 831.01, 838.015 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 911 So. 2d 766 (Fla. 2005)

. . . reasonably be expected to result in physical or mental injury to a child]. 19.1 BRIBERY OF PUBLIC SERVANT § 838.015 . . . an act to be done if and when [he] [she] actually assumes office. 19.2 BRIBERY BY PUBLIC SERVANT § 838.015 . . . The court now instructs you that a (office of defendant) is a public servant. § 838.015(2), Fla. . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

. . . . § 838.015, Fla. Stat.; 18 U.S.C. § 201. . . . discretion of a public servant, in violation of a public duly, or in performance of a public duty.” § 838.015 . . .

AGAN, v. VAUGHN,, 119 F.3d 1538 (11th Cir. 1997)

. . . . § 838.015(1) (West 1994) (“ ‘Bribery’ means corruptly to give, offer, or promise to any public servant . . .

DONNELLY, v. STATE, 693 So. 2d 125 (Fla. Dist. Ct. App. 1997)

. . . Section 838.015, Florida Statutes, makes no distinction between a bribe and an offer to make a bribe. . . . Like many other bribery statutes, section 838.015, Florida Statutes, includes an offer to make a bribe . . .

WERNER a k a v. HICKEY,, 920 F. Supp. 1257 (M.D. Fla. 1996)

. . . The acts charged against the petitioner are punishable under Florida Statute § 838.015 (bribery) and . . .

M. GILBERT, v. STATE, 593 So. 2d 597 (Fla. Dist. Ct. App. 1992)

. . . Defendant appeals his conviction for bribery of a public servant, § 838.015, Fla. Stat. (1991). . . .

UNITED STATES v. KOTVAS, Jr. H. a k a,, 941 F.2d 1141 (11th Cir. 1991)

. . . . § 838.015, is the appropriate statute for the basis of a predicate act under RICO. . . .

UNITED STATES v. ITALIANO,, 894 F.2d 1280 (11th Cir. 1990)

. . . relating to Cable Television Franchise Agreement No. 80-563, chargeable under Florida Statutes, Section 838.015 . . .

M. MERCKLE, v. STATE, 541 So. 2d 1312 (Fla. Dist. Ct. App. 1989)

. . . . § 838.015(1), Fla.Stat. (1981). . § 838.016(2), Fla.Stat. . § 839.11, Fla.Stat. (1981). . . . .

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

. . . law enforcement authorities— 837.05 None None False official statements— 837.06 None None Bribery — 838.015 . . .

STATE v. GONZALEZ,, 528 So. 2d 1356 (Fla. Dist. Ct. App. 1988)

. . . The bribery statute, section 838.015(1), Florida Statutes (1985), prohibits any payment intended to influence . . .

M. MERCKLE, v. STATE, 529 So. 2d 269 (Fla. 1988)

. . . . § 838.015(3), Fla.Stat. (1985). . . . The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla.Stat. (1981); receiving unlawful . . . The crime of bribery is defined by the legislature in section 838.015(1), Florida Statutes (1985): “Bribery . . .

STATE v. P. HOPE,, 529 So. 2d 275 (Fla. 1988)

. . . A jury convicted Hope of bribery (subsection 838.015(1), Florida Statutes (1981)) and of giving, offering . . .

J. SARDELLA, v. STATE, 526 So. 2d 918 (Fla. Dist. Ct. App. 1988)

. . . public trust is an inherent component of the crime of Bribery by a Public Servant, Florida Statutes, § 838.015 . . .

STATE v. LOPEZ,, 522 So. 2d 997 (Fla. Dist. Ct. App. 1988)

. . . Lopez was subsequently charged with seven violations of section 838.015(1), Florida Statutes (1985). . . . The statute reads in relevant part: 838.015 Bribery.— (1) "Bribery” means corruptly to give, offer, or . . . discretion of a public servant, in violation of a public duty, or in performance of a public duty. § 838.015 . . .

UNITED STATES v. CASAMAYOR, UNITED STATES v. KEY, R. E. M., 837 F.2d 1509 (11th Cir. 1988)

. . . . § 838.015. . . . Standard Jury Instruction setting out the specific elements involved in proving a violation of Fla.Stat. § 838.015 . . . Thus, the district court’s charge, which included a definition of Fla.Stat. § 838.015, accurately stated . . .

UNITED STATES v. ITALIANO,, 837 F.2d 1480 (11th Cir. 1988)

. . . individuals and entities indicted, the indictment quoted certain relevant statutes, one of which was Section 838.015 . . . Agreement No. 80-563_” Such conduct, the indictment alleged, was chargeable under Florida Statutes, Section 838.015 . . . At all times material herein, Florida Statute § 838.015 provided: (1)“Bribery” means corruptly to give . . . relating to Cable Television Franchise Agreement No. 80-563; chargeable under Florida Statutes, Section 838.015 . . . relating to Cable Television Franchise Agreement No. 80-563; chargeable under Florida Statutes, Sections 838.015 . . .

M. MERCKLE, v. STATE, 512 So. 2d 948 (Fla. Dist. Ct. App. 1987)

. . . Merckle, for bribery in violation of section 838.015(1), Florida Statutes (1981), receiving unlawful . . .

P. HOPE, v. STATE, 508 So. 2d 425 (Fla. Dist. Ct. App. 1987)

. . . and sentences imposed after a jury convicted him for the offenses of bribery, a violation of section 838.015 . . .

L. GARRETT, v. STATE, 508 So. 2d 427 (Fla. Dist. Ct. App. 1987)

. . . Garrett was convicted after a jury trial of the offenses of bribery, a violation of section 838.015(1 . . . Section 838.015(1), Florida Statutes (1981). . . .

BOTT, v. STATE, 492 So. 2d 722 (Fla. Dist. Ct. App. 1986)

. . . Sections 838.015 and 838.016, Florida Statutes (1983), the specific statutes under which appellant was . . .

UNITED STATES v. H. TISON, Jr., 780 F.2d 1569 (11th Cir. 1986)

. . . Charles Frank Bean III relating to Zoning Application No. 80-45; chargeable under Florida Statute Section 838.015 . . .

THE FLORIDA BAR, v. DENKER,, 479 So. 2d 738 (Fla. 1985)

. . . criminal action, respondent pled nolo contendré to, and was convicted of, violating Florida Statutes 838.015 . . .

BRICKER, v. STATE, 462 So. 2d 556 (Fla. Dist. Ct. App. 1985)

. . . By this appeal, Daniel Bricker challenges his conviction of bribery [§ 838.015, Fla. . . .

TRIBUNE COMPANY v. L. GREEN, Jr. E., 440 So. 2d 484 (Fla. Dist. Ct. App. 1983)

. . . Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling . . .

STATE v. SAAD,, 429 So. 2d 757 (Fla. Dist. Ct. App. 1983)

. . . trial judge granted a Fla.R.Crim.P. 3.190(c)(4) motion to dismiss the resulting bribery charges, Sec. 838.015 . . .

P. SAVOIE, v. STATE, 401 So. 2d 1138 (Fla. Dist. Ct. App. 1981)

. . . Savoie was adjudicated guilty of the offense of bribery of a police officer in violation of section 838.015 . . .

HOBERMAN, v. STATE, 400 So. 2d 758 (Fla. 1981)

. . . appellant was convicted of bribery and unlawful compensation for official behavior pursuant to sections 838.015 . . . Appellant’s vagueness challenge fails because sections 838.015(1) and 838.016(1) convey a sufficiently . . . I agree that sections 838.015(1) and 838.-016(1) are not unconstitutionally vague or overbroad and that . . .

W. TRESVANT, Sr. v. STATE, 396 So. 2d 733 (Fla. Dist. Ct. App. 1981)

. . . Violations of §§ 838.015, 838.016 and 777.-04(3), Fla.Stat. (1975), respectively. . . . .

TRUSHIN, v. STATE, 384 So. 2d 668 (Fla. Dist. Ct. App. 1980)

. . . The significantly amended version of this statute is now Section 838.015, Florida Statutes (1979). . . .

STATE v. NAPOLI, Jr., 373 So. 2d 933 (Fla. Dist. Ct. App. 1979)

. . . strained judicial attempts to interpret this principle of law, the legislature enacted what is now Section 838.015 . . . Appellee having allegedly attempted what was apparently a criminal offense under Section 838.015, we . . .

STATE v. GIARDINO,, 363 So. 2d 201 (Fla. Dist. Ct. App. 1978)

. . . other and with other persons to commit one or more felonies, to wit: BRIBERY, in violation of Section 838.015 . . . object of the charged conspiracy, namely, whether it was to violate (a) the bribery statute [Fla.Stat. § 838.015 . . .

C. WATKINS, v. STATE, 363 So. 2d 575 (Fla. Dist. Ct. App. 1978)

. . . Watkins was charged by information in two counts with: (1) bribery [§ 838.015, Fla. . . .

STATE v. N. SUNE, 360 So. 2d 1128 (Fla. Dist. Ct. App. 1978)

. . . sua sponte entered an order requiring the state to elect between the counts of bribery under Section 838.015 . . .

STATE v. W. TRESVANT, Sr., 359 So. 2d 524 (Fla. Dist. Ct. App. 1978)

. . . and unauthorized compensation for official behavior, in violation respectively of Sections 777.04(3); 838.015 . . .

J. C. BENEFIELD, v. STATE, 351 So. 2d 56 (Fla. Dist. Ct. App. 1977)

. . . in violation of Section 838.01, Florida Statutes (1973), and the other count in violation of Section 838.015 . . .