Florida Statutes

Fla. Stat. § 838.021 (2025)

Corruption by threat against public servant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 838.021

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§838.021(3a)CRIMES AGAINST PERSONHARM PUBLIC SERVANT OR FAMILYF · 2nd

§838.021(3b)CRIMES AGAINST PERSONCORRUPT BY THREAT PUBLIC SERVANT OR FAMILYF · 3rd

Notes of Decisions

Cited in 29 cases, 1980–2020 · leading case: Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994).

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Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994). · cites it 27× “The issues raised on appeal included: (1) Section 838.021, Florida Statutes was unconstitutional; (2) Section 836.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 5× “12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by [Harm] [Threat of Harm] Against a Public Servant, the State must prove the following three elements beyond a reasonable doubt: 1.”

Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998). · cites it 4× “We affirm Appellant’s conviction for corruption by threat under section 838.021, Florida Statutes (1997).”

Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995). · cites it 5× “Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat against public servant.”

State v. Slaughter, 574 So. 2d 218 (Fla. 1st DCA 1991). · cites it 8× “The state appeals an order dismissing with prejudice an information charging that appellee unlawfully threatened unlawful harm to a public servant, to wit: a circuit judge, with the intent to influence said public servant in the performance of his public duty in violation of…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). · cites it 5× “12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by [Harm] [Threat of Harm] Against a Public Servant, the State must prove the following three elements beyond a reasonable doubt: 1.”

Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988). · cites it 4× “(1987) and § 838.021(3)(b), Fla. Stat. (1987). [2] For example, some of the letters were signed "Oscar Wilde," a reference to the playwright's satirical aversion to lawyers.”

Pagano v. State, 387 So. 2d 349 (Fla. 1980). · cites it 6× “Defendant was charged by information with corruption by threat under section 838.021, Florida Statutes (1977), for allegedly threatening harm to a police officer and his family for the purpose of avoiding arrest.”

Bragg v. State, 475 So. 2d 1255 (Fla. 5th DCA 1985). · cites it 6× “* * * * * * § 838.021, Fla. Stat. In this case, there was no evidence that appellant did anything to corruptly influence the deputy.”

Teele v. State, 954 So. 2d 1195 (Fla. 3d DCA 2007). · cites it 10× “The elements of the crime of corruption by threat against a public servant are set out in section 838.021, Florida Statutes (2004).”

Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008). · cites it 2× “078, Florida Statutes (2002), and threatening a public servant, in violation of section 838.021, Florida Statutes (2002).”

In the Interest of P.J., 579 So. 2d 299 (Fla. 4th DCA 1991). · cites it 3× “On cross-examination, the officer acknowledged that the threats were made while appellant was under arrest and handcuffed, but the officer took the threats to his person seriously, notwithstanding the handcuffs.”

Show all 29 citing cases →

— 838.021(1) — 1 case

State v. Hart, 677 So. 2d 385 (Fla. 4th DCA 1996).

— 838.021(1)(a) — 1 case

Harrison v. State, 641 So. 2d 486 (Fla. 5th DCA 1994).

— 838.021(2) — 2 cases

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by [Harm] [Threat of Harm] Against a Public Servant, the State must prove the following three elements beyond a reasonable doubt: 1.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by [Harm] [Threat of Harm] Against a Public Servant, the State must prove the following three elements beyond a reasonable doubt: 1.”

— 838.021(3)(B) — 1 case

Teele v. State, 954 So. 2d 1195 (Fla. 3d DCA 2007). “The elements of the crime of corruption by threat against a public servant are set out in section 838.021, Florida Statutes (2004).”

— 838.021(3)(a) — 4 cases

Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995). “Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat against public servant.”

Harrison v. State, 641 So. 2d 486 (Fla. 5th DCA 1994).

— 838.021(3)(b) — 8 cases

Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988). “(1987) and § 838.021(3)(b), Fla. Stat. (1987). [2] For example, some of the letters were signed "Oscar Wilde," a reference to the playwright's satirical aversion to lawyers.”

State v. Slaughter, 574 So. 2d 218 (Fla. 1st DCA 1991). “The state appeals an order dismissing with prejudice an information charging that appellee unlawfully threatened unlawful harm to a public servant, to wit: a circuit judge, with the intent to influence said public servant in the performance of his public duty in violation of…”

Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995). “Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat against public servant.”

Teele v. State, 954 So. 2d 1195 (Fla. 3d DCA 2007). “The elements of the crime of corruption by threat against a public servant are set out in section 838.021, Florida Statutes (2004).”

Rankin v. State, 620 So. 2d 1028 (Fla. 2d DCA 1993).

— 838.021(l)(a) — 4 cases

Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998). “We affirm Appellant’s conviction for corruption by threat under section 838.021, Florida Statutes (1997).”

In the Interest of P.J., 579 So. 2d 299 (Fla. 4th DCA 1991). “On cross-examination, the officer acknowledged that the threats were made while appellant was under arrest and handcuffed, but the officer took the threats to his person seriously, notwithstanding the handcuffs.”

Johnson v. State, 185 So. 3d 1282 (Fla. 1st DCA 2016).

P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012).

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