Florida Statute 838.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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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 Citing Statute 838.015

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases—report 2016-10

Court: Fla. | Date Filed: 2017-04-13T00:00:00-07:00

Citation: 214 So. 3d 1290

Snippet: Appendix 19.1 BRIBERY OF A PUBLIC SERVANT § 838.015(1), Fla._Stat. To prove the crime of Bribery…capacity. Give if applicable. £ 838.015(2). Fla. Stat In order for the defendant…had assumed office. Give if applicable. $ 838.015(2), Fla.Stai. In order for the defendant…2017. ■ . 19.2 BRIBERY BY A PUBLIC SERVANT § 838.015(1 ),Fla._Stat. [[Image here]] 1. (Defendant

Richard S. Batterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-17T00:00:00-07:00

Citation: 217 So. 3d 1062

Snippet: conviction of bribery in violation of section 838.015(1), Florida Statutes (2013). Because I believe …bribery a criminal offense. Specifically, section 838.015(1) makes it a crime for a public servant to corruptly…appellate court 1 More precisely, section 838.015(1), Florida Statutes (2013), provides:

Gary Czajkowski v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-04T00:00:00-08:00

Citation: 178 So. 3d 498

Snippet: compensation for official behavior pursuant to sections 838.015(1) and 838.016(1), Florida Statutes (1977) — Appellant…Appellant’s vagueness challenge fails because sections 838.015(1) and 838.016(1) convey a sufficiently definite

Ellison v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-08T00:00:00-08:00

Citation: 132 So. 3d 291

Snippet: bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008). The defendant was …cannot be convicted for a violation of section 838.015 because he was not a “public servant” within the…Ellison and his conduct within the reach of section 838.015. Thus, we affirm the conviction. The alleged bribery…the ruling, the defendant pled guilty. Section 838.015 makes it a second degree felony for a “public servant…public servant in the performance of his duties. § 838.015(1), (3), Fla. Stat. A “public servant” is defined

State v. Flansbaum-Talabisco

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-24T00:00:00-07:00

Citation: 121 So. 3d 568, 2013 Fla. App. LEXIS 11602, 2013 WL 3811759

Snippet: criminal. § 838.016(1), Fla. Stat. (2010).2 Section 838.015(1), Florida Statutes (2010), contains the definition…public duty, or in performance of a public duty. § 838.015(1), Fla. Stat. (2010). The state’s information … 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery:4 “Bribery”…public duty, or in performance of a public duty. § 838.015(1), Fla. Stat. (1974); see also ch. 74-383, § 60

Simcox v. CITY OF HOLLYWOOD POLICE OFFICERS'RET. SYSTEM

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:53:00-07:00

Citation: 988 So. 2d 731

Snippet: ]ny felony specified in chapter 838, except ss. 838.15 and 838.16." Second, the "catch-all"

Page v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-06T23:53:00-08:00

Citation: 980 So. 2d 528

Snippet: for official behavior, in violation of sections 838.015(1) and 838.016(2), Florida Statutes (2005), respectively

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-21T23:53:00-08:00

Citation: 927 So. 2d 939

Snippet: compensation in violation of sections 895.03(3), 831.01, 838.015(1), and 838.016(1) of the Florida Statutes. According

In Re Jury Instructions in Crim. Cases

Court: Fla. | Date Filed: 2005-09-01T00:53:00-07:00

Citation: 911 So. 2d 766

Snippet: to a child]. 19.1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery of…office of person bribed) is a public servant. § 838.015(2), Fla. Stat. In order for the defendant to be…assumes office. 19.2 BRIBERY BY PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery by…a (office of defendant) is a public servant. § 838.015(2), Fla. Stat. In order for the defendant to be

Jacobo v. Board of Trustees of Miami Police

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-20T00:00:00-07:00

Citation: 788 So. 2d 362

Snippet: Any felony specified in chapter 838, except ss. 838.15 and 838.16; 5. The committing of an impeachable

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: None statements 838.015(1) Bribery of public None … charged 838.015 Bribery None

Donnelly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-13T00:00:00-07:00

Citation: 693 So. 2d 125

Snippet: apart from the offer to make a bribe. Section 838.015, Florida Statutes, makes no distinction between…1996). Like many other bribery statutes, section 838.015, Florida Statutes, includes an offer to make a

Roque v. State

Court: Fla. | Date Filed: 1995-09-21T00:53:00-07:00

Citation: 664 So. 2d 928

Snippet: disagree. Section 838.15 bans commercial bribe receiving and provides in full: 838.15 Commercial bribe …1994), wherein the district court declared section 838.15, Florida Statutes (Supp. 1990), valid. We have …commercial bribe receiving" in violation of section 838.15. The court granted Roque's motion to dismiss…constitutional. The State contends that section 838.15 is neither vague nor susceptible to arbitrary application…provided in s. 775.082, s. 775.083, or s. 775.084. § 838.15, Fla. Stat. (Supp. 1990). We have declared similar

State v. Roque

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-12T00:00:00-07:00

Citation: 640 So. 2d 97

Snippet: bribe receiving statute, Florida Statutes Section 838.15 (Supp.1990), unconstitutionally vague. We reverse…receiving”, in violation of Florida Statutes Section 838.15 (Supp.1990), which states: (1) A person commits… court granted the motion, finding that Section 838.15 was unconstitutionally vague and susceptible to…application, and the trial court erred in finding Section 838.15 facially unconstitutional. In this appeal, the …the defendant has also contended that Section 838.15 is unconstitutional as applied to him. However, the

Standard Jury Instructions-Criminal Cases

Court: Fla. | Date Filed: 1992-07-02T00:53:00-07:00

Citation: 603 So. 2d 1175

Snippet: CATEGORY 1 CATEGORY 2 Bribery 838.015 None Attempt if

Gilbert v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-11T00:00:00-08:00

Citation: 593 So. 2d 597

Snippet: conviction for bribery of a public servant, § 838.015, Fla. Stat. (1991). Based upon the trial court’

Florida Rules of Criminal Procedure re: Sentencing Guidelines

Court: Fla. | Date Filed: 1991-03-07T00:00:00-08:00

Citation: 576 So. 2d 1307

Snippet: 1 and 2, Laws of Florida (codified at sections 838.15-.16, Florida Statutes (Supp.1990)), creates the

Merckle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-12T00:53:00-07:00

Citation: 541 So. 2d 1312

Snippet: SCHOONOVER and THREADGILL, JJ., concur. NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla.

In Re Stan. Jury Instr. in Criminal Cases

Court: Fla. | Date Filed: 1989-03-29T23:53:00-08:00

Citation: 543 So. 2d 1205

Snippet: None statements 837.06 Bribery 838.015 None Attempt if only

State v. Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 1988-08-09T00:00:00-07:00

Citation: 528 So. 2d 1356

Snippet: bribery is reversed. The bribery statute, section 838.015(1), Florida Statutes (1985), prohibits any payment