Florida Statute 838.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.21

838.21 Disclosure or use of confidential criminal justice information.—It is unlawful for a public servant, with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, to disclose active criminal investigative or intelligence information as defined in chapter 119 or to disclose or use information regarding either the efforts to secure or the issuance of a warrant, subpoena, or other court process or court order relating to a criminal investigation or criminal prosecution when such information is not available to the general public and is gained by reason of the public servant’s official position. Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 5, ch. 2003-158.

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Amendments to 838.21

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 838.21

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

S838.21 - OBSTRUCT CRIMINAL INVEST - PUB SERVANT USE DESTROY CONF INFO TO OBSTRUCT - F: T

Cases Citing Statute 838.21

Total Results: 29

Miller v. State

667 So. 2d 325, 1995 WL 619215

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 160646

Cited 15 times | Published

Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat

Smith v. State

532 So. 2d 50, 1988 WL 102572

District Court of Appeal of Florida | Filed: Oct 5, 1988 | Docket: 277006

Cited 15 times | Published

or injure the recipient or a family member. Section 838.021(3)(b) condemns threats of harm to public servants

Pagano v. State

387 So. 2d 349

Supreme Court of Florida | Filed: Jul 3, 1980 | Docket: 382952

Cited 7 times | Published

information with corruption by threat under section 838.021, Florida Statutes (1977), for allegedly threatening

State v. Hart

677 So. 2d 385, 1996 WL 396313

District Court of Appeal of Florida | Filed: Jul 17, 1996 | Docket: 1690055

Cited 6 times | Published

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

State v. Slaughter

574 So. 2d 218, 1991 WL 7123

District Court of Appeal of Florida | Filed: Jan 23, 1991 | Docket: 1729716

Cited 6 times | Published

violation of section 838.021, Florida Statutes. The issue presented is whether section 838.021(3)(b), Florida

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

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

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

[HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by

Lanier v. State

983 So. 2d 658, 2008 WL 2120798

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1670504

Cited 5 times | Published

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

Reilly v. Florida, Department of Corrections

847 F. Supp. 951, 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

District Court, M.D. Florida | Filed: Mar 31, 1994 | Docket: 952282

Cited 5 times | Published

by threat against a public servant pursuant to § 838.021, Florida Statutes (1985); and one count of carrying

JG v. State

915 So. 2d 274, 2005 WL 3299720

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1690631

Cited 4 times | Published

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

Bragg v. State

475 So. 2d 1255, 10 Fla. L. Weekly 1972

District Court of Appeal of Florida | Filed: Aug 15, 1985 | Docket: 1302010

Cited 3 times | Published

threat against a public servant are set out in section 838.021, Florida Statutes (1983). That section provides

Kositsky v. State

974 So. 2d 614, 2008 WL 508476

District Court of Appeal of Florida | Filed: Feb 27, 2008 | Docket: 1718083

Cited 2 times | Published

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

Rankin v. State

620 So. 2d 1028, 1993 WL 169700

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 1388052

Cited 2 times | Published

"threatening a public servant," a violation of section 838.021(3)(b), Florida Statutes (1987). The information

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

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

[THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption

Nugent v. State

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

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 1928809

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512284

Published

threat against public servant, in violation of section 838.021, Florida Statutes (2019), which reads, in pertinent

Johnson v. State

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

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 60253543

Published

threat against a public servant, a violation of section 838.021(l)(a), Florida Statutes (2011), and sentenced

P.B. v. State

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

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311348

Published

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

Del Rio v. State

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

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 2555446

Published

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

Teele v. State

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

District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 64850343

Published

investigation in violation of Florida Statutes section 838.021(3)(B). Specifically, count 2 stated: ... ARTHUR

J.G. v. State

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

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64841032

Published

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

Livingston v. State

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

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 64819617

Published

threat against a public servant in violation of section 838.021, Florida Statutes (1997), and one count of

Smith v. State

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

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64796343

Published

COBB, PETERSON and GRIFFIN, JJ., concur. . § 838.021, Fla. Slat. (1999).

Hart v. State

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

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 64798328

Published

conviction for corruption by threat under section 838.021, Florida Statutes (1997). Appellant argues

Weekfall v. State

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

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 64770402

Published

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

Harrison v. State

641 So. 2d 486, 1994 Fla. App. LEXIS 8238, 1994 WL 444885

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64750409

Published

Harrison’s motion to dismiss Count I because section 838.021(3)(a) is both a charging and a penalty provision

Ago

Florida Attorney General Reports | Filed: Aug 23, 1993 | Docket: 3258309

Published

threatening communications to another person. Section 838.021 — Corruption by threat against public servant

Abrams v. State

599 So. 2d 238, 1992 Fla. App. LEXIS 5852, 1992 WL 106387

District Court of Appeal of Florida | Filed: May 22, 1992 | Docket: 64667547

Published

conviction under the habitual offender statute. See § 838.021, Fla.Stat. (1975), and § 775.084, Fla.Stat. (1989)

In the Interest of P.J.

579 So. 2d 299, 1991 Fla. App. LEXIS 4179, 1991 WL 71552

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658622

Published

a juvenile, was charged with violation of section 838.021(l)(a) and (3)(b), *300Florida Statutes (Supp

Duggar v. State

483 So. 2d 532, 1986 Fla. App. LEXIS 6536, 11 Fla. L. Weekly 462

District Court of Appeal of Florida | Filed: Feb 20, 1986 | Docket: 64617480

Published

raise and argue the unconstitutionality of section 838.021(3)(b), Florida Statutes (1985), as applied