Florida Statute 838.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 838.021

Total Results: 20

J.B., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-10-07T00:53:00-07:00

Snippet: against public servant, in violation of section 838.021, Florida Statutes (2019), which reads, in pertinent…. 775.082, s. 775.083, or s. 775.084. § 838.021, Fla. Stat. (2019). See also J.G. v. State, 915…dismissal of corruption by threat charge under section 838.021, where the juvenile had argued the state failed…crime under section 790.163(1) instead of section 838.021 is a mystery to me. But because section 790.163

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 192

Snippet: THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption… Give if requested and if applicable. § 838.021(2), Fla. Stat. The State does not have…degree felony. See See § 838.021(3)(a) and (b), Fla. Stat. Comment

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

Citation: 185 So. 3d 1282, 2016 Fla. App. LEXIS 2869, 2016 WL 746257

Snippet: against a public servant, a violation of section 838.021(l)(a), Florida Statutes (2011), and sentenced as…whose welfare the public servant is interested.” § 838.021(l)(a), Fla.- Stat. (2011)(emphasis added). The … force or violence in order to violate section 838.021(l)(a). A threat to harm the public servant’s pecuniary

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by… duty. Give if requested and if applicable. § 838.021(2), Fla. Stat. The State does not have to prove… unlawful harm is a third degree felony. See § 838.021(3)(a) and (b), Fla. Stat. Comment This instruction

P.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-08T00:00:00-07:00

Citation: 95 So. 3d 944, 2012 Fla. App. LEXIS 13057, 2012 WL 3192786

Snippet: appeal, P.B. was charged with violating section 838.021(l)(a), Florida Statutes (2009).3 P.B. argues that

Nugent v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-06T00:00:00-07:00

Citation: 45 So. 3d 528, 2010 Fla. App. LEXIS 15026, 2010 WL 3893854

Snippet: corruption by threat to a public official. Section 838.021, Florida Statutes, makes it a crime to threaten

Del Rio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-12T00:00:00-08:00

Citation: 22 So. 3d 701, 2009 Fla. App. LEXIS 16826, 2009 WL 3763047

Snippet: Stat. (2004), and threatening a public servant, § 838.021(3)(b), Fla. Stat. (2004), exceed the statutory

Lanier v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-21T00:53:00-07:00

Citation: 983 So. 2d 658

Snippet: threatening a public servant, in violation of section 838.021, Florida Statutes (2002).[2] In lower tribunal

Kositsky v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-26T23:53:00-08:00

Citation: 974 So. 2d 614

Snippet: against a public servant is defined in section 838.021, Florida Statutes (2006), as follows: Corruption

Teele v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-18T00:00:00-07:00

Citation: 954 So. 2d 1195, 2007 Fla. App. LEXIS 5646, 2007 WL 1135600

Snippet: investigation in violation of Florida Statutes section 838.021(3)(B). Specifically, count 2 stated: ... ARTHUR…OFFICIAL POLICE INVESTIGATION, in violation of s. 838.021(3)(b) Florida Statutes,, contrary to the form of…threat against a public servant, under section 838.021(3)(b), Florida Statutes (2004). Under the facts…against a public servant are set out in section 838.021, Florida Statutes (2004). That section provides…Appeal reversed Bragg’s conviction under section 838.021, Florida Statutes (2004), because the elements

J.G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-07T00:00:00-08:00

Citation: 915 So. 2d 274, 2005 Fla. App. LEXIS 19608

Snippet: the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant, makes

JG v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-06T23:53:00-08:00

Citation: 915 So. 2d 274

Snippet: the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant, makes

Livingston v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-30T00:00:00-08:00

Citation: 833 So. 2d 298, 2002 Fla. App. LEXIS 19334, 2002 WL 31887146

Snippet: against a public servant in violation of section 838.021, Florida Statutes (1997), and one count of aggravated… against her, and for the violation of section 838.021, Florida Statutes (1997), charged in count II of

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-14T00:00:00-07:00

Citation: 754 So. 2d 889, 2000 Fla. App. LEXIS 4420, 2000 WL 378206

Snippet: COBB, PETERSON and GRIFFIN, JJ., concur. . § 838.021, Fla. Slat. (1999). No. 5D99-1816 District

Standard Jury Instructions

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

Citation: 723 So. 2d 123

Snippet: " is charged behavior 838.021 Corruption by None

Hart v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-24T00:00:00-07:00

Citation: 761 So. 2d 334, 1998 Fla. App. LEXIS 7528, 1998 WL 329552

Snippet: conviction for corruption by threat under section 838.021, Florida Statutes (1997). Appellant argues that…officer, he should have been acquitted. Section 838.021 provides that an accused can be convicted of “corruption…defendant under arrest, ... contrary to ... F.S. 838.021(l)(a), (3)(a).” Appellant asserts that the way

Weekfall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-06T00:00:00-08:00

Citation: 686 So. 2d 618, 1996 Fla. App. LEXIS 11632, 1996 WL 637699

Snippet: against a public servant, a third-degree felony. § 838.021, Fla. Stat. (1993). This statute prohibits a person

State v. Hart

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-17T00:53:00-07:00

Citation: 677 So. 2d 385

Snippet: charged with corruption by threat under section 838.021(1) as enhanced by section 775.085[1], Florida Statutes

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-24T00:53:00-07:00

Citation: 667 So. 2d 325

Snippet: Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat…this case was charged with a violation of section 838.021(3)(b), which states in part, (3)(b) Whoever threatens…offender was charged with a violation of section 838.021(3)(a), which states in part, (3)(a) Whoever unlawfully…Harrison, the court held that "subsection 838.021(3)(a) merely enumerates the penalty imposed for

Coleman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-23T00:00:00-08:00

Citation: 645 So. 2d 176, 1994 Fla. App. LEXIS 11309, 1994 WL 656293

Snippet: corruption by threat against a public servant [§ 838.021, Fla.Stat. (1993)], and (4) escape [§ 944.40, Fla.Stat