Florida Statute 838.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.12

838.12 Bribery in athletic contests.—

(1) Whoever gives, promises, offers or conspires to give, promise or offer, to anyone who participates or expects to participate in any professional or amateur game, contest, match, race or sport; or to any umpire, referee, judge or other official of such game, contest, match, race or sport; or to any owner, manager, coach or trainer of, or to any relative of, or to any person having any direct, indirect, remote or possible connection with, any team, individual, participant or prospective participant in any such professional or amateur game, contest, match, race or sport, or the officials aforesaid, any bribe, money, goods, present, reward or any valuable thing whatsoever, or any promise, contract or agreement whatsoever, with intent to influence him or her or them to lose or cause to be lost any game, contest, match, race or sport, or to limit his or her or their or any person’s or any team’s margin of victory in any game, contest, match, race, or sport, or to fix or throw any game, contest, match, race or sport, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any participant or prospective participant in any professional or amateur game, contest, match, race or sport; or any umpire, referee, judge or other official of such game, contest, match, race or sport; or any owner, manager, coach or trainer of, or any relative of, or any person having any direct, indirect, remote or possible connection with, any team, individual, participant or prospective participant in any such professional or amateur game, contest, match, race or sport, or the officials aforesaid; who in any way solicits, receives or accepts, or agrees to receive or accept, or who conspires to receive or accept, any bribe, money, goods, present, reward or any valuable thing whatsoever, or any promise, contract or agreement whatsoever, with intent to lose or cause to be lost any game, contest, match, race or sport, or to limit his, her, their or any person’s or any team’s margin of victory in any game, contest, match, race or sport, or to fix or throw any game, contest, match, race or sport, 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.—ss. 1, 2, ch. 28024, 1953; s. 1010, ch. 71-136; s. 1317, ch. 97-102.

F.S. 838.12 on Google Scholar

F.S. 838.12 on Casetext

Amendments to 838.12

Arrestable Offenses / Crimes under Fla. Stat. 838.12

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

S838.12 - BRIBE - IN ATHLETIC CONTEST - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 838.12

Total Results: 16

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-03T00:53:00-07:00

Snippet: and (2); s. 408.044; or s. 408.045. Ch. 2004-838, § 12, at 26, Laws of Fla. The statute today reads

Standard Jury Instructions

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

Citation: 723 So. 2d 123

Snippet: charged public servant 838.12(1) Bribery in athletic None … charged 838.12(2) Bribery in athletic None

State v. Hart

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

Citation: 677 So. 2d 385

Snippet: quot; him, giving rise to a violation of section 838.012(1), Florida Statutes (1995). Comparing Hart'

Standard Jury Instructions-Criminal Cases

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

Citation: 603 So. 2d 1175

Snippet: None Attempt only if give 838.12(1) …contests None Attempt only if 838.12(2)

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: Attempt only if give is contests 838.12(1) charged Bribery … Attempt only if accept is contests 838.12(2) charged Keeping

Goldberg v. State

Court: Fla. | Date Filed: 1977-07-01T00:53:00-07:00

Citation: 351 So. 2d 332

Snippet: County Commissioners ... in violation of Sections 838.012 and 838.06, Florida Statutes, and in furtherance

Williams v. Christian

Court: Fla. Dist. Ct. App. | Date Filed: 1976-07-14T00:00:00-07:00

Citation: 335 So. 2d 358

Snippet: with the crime of bribery pursuant to Section 838.012, Florida Statutes (1973), and one count with the… acceptance of a bribe as denounced in Section 838.012, F.S. This court observed that the evidence was… ... which has a broader scope in bribery than 838.012... ." As quoted by appellant, the Smith opinion…bribes by public officers, as provided in Section 838.012, and the taking of unauthorized compensation for

State Ex Rel. Hough v. Popper

Court: Fla. | Date Filed: 1973-12-18T23:53:00-08:00

Citation: 287 So. 2d 282

Snippet: §§ 833.04 (conspiracy to commit a felony) and 838.012 (accepting a bribe), F.S.A., with one Edward J.

Save Sand Key, Inc. v. United States Steel Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-07-19T00:53:00-07:00

Citation: 281 So. 2d 572

Snippet: So. 205. [11] (Fla. 1972), 261 So.2d 832, 837-838. [12] (Fla. 1972), 269 So.2d 659. [13] (1968), 392

Barmack v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-17T00:00:00-08:00

Citation: 276 So. 2d 247, 1973 Fla. App. LEXIS 6921

Snippet: judge is a public officer under Florida Statute § 838.-012, F.S.A. The Florida Supreme Court in Farragut …or employee, the categories included in F.S. § 838.012 F.S.A.1 The statute sets forth the public policy… must be and hereby is affirmed. Affirmed. . “838.012 Accepting bribe “Any public officer, agent, servant

Nell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1972-09-06T00:00:00-07:00

Citation: 266 So. 2d 404, 1972 Fla. App. LEXIS 6331

Snippet: rationale of the Court’s decision was: “Section 838.012, as enacted in 1955, is limited to the charges

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-10-19T00:53:00-07:00

Citation: 253 So. 2d 465

Snippet: in bribery than 838.012, but that the information charged the defendant under 838.012 as to an acceptance…we have the two statutes § 838.012 and § 838.06. The former, § 838.012, is more restricted in its application…tried under the correct statute, (F.S. Section 838.012, F.S.A.) or whether he should have been tried under…bribes by public officers, as provided in Section 838.012, and the taking of unauthorized compensation for…Statutes Section 838.06, F.S.A. Florida Statutes § 838.012, F.S.A. was enacted by the Legislature in 1955

State v. Greene

Court: Fla. Dist. Ct. App. | Date Filed: 1971-04-20T00:00:00-08:00

Citation: 247 So. 2d 102, 1971 Fla. App. LEXIS 6628

Snippet: prohibitions are imposed by §§ 838.01, 838.011, 838.012, 838.03, 838.05, 838.09, Fla.Stat., F. S.A., however

Craig v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-02-16T00:00:00-08:00

Citation: 244 So. 2d 151, 1971 Fla. App. LEXIS 6974

Snippet: of the violation of any provision of §§ 838.011-838.012 shall be punished by imprisonment in the state

State ex rel. Marshall v. Turner

Court: Fla. Dist. Ct. App. | Date Filed: 1965-06-08T00:00:00-07:00

Citation: 175 So. 2d 809, 1965 Fla. App. LEXIS 4236

Snippet: was charged with conspiracy to violate Section 838.012, Florida Statutes, F.S.A.; with corruptly requesting…not subject to be tried for violation of Section 838.-012, inasmuch as he is a federal officer and that

Buchanan v. State ex rel. Husk

Court: Fla. Dist. Ct. App. | Date Filed: 1964-08-25T00:00:00-07:00

Citation: 167 So. 2d 38

Snippet: Husk with accepting a bribe in violation of § 838.012, Fla.Stat., F.S.A The information charged that