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Florida Statute 838.21 - Full Text and Legal Analysis Florida Statute 838.21 | Lawyer Caselaw & Research
Fla. Stat. § 838.21 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Arrestable Offenses under F.S. 838.21

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§838.21OBSTRUCT CRIMINAL INVESTPUB SERVANT USE DESTROY CONF INFO TO OBSTRUCTF · 3rd

Cases Citing F.S. 838.21

Fla. Stat. § 838.21 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988).

Cited 15 times | Published | Florida 2nd District Court of Appeal | 1988 WL 102572

or injure the recipient or a family member. Section 838.021(3)(b) condemns threats of harm to public servants
0 red3 yellow13 green0 procedural
DistinguishedJones (2025)
phrase: "distinguishing"
Distinguished(citing case) (2023)
phrase: "distinguishing"
Distinguished(citing case) (2020)
phrase: "distinguishing"
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·Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1995 WL 619215

Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat
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LimitedA.S.C. (2009)
phrase: "limited by"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
AffirmedPerez (2015)
phrase: "affirmed in"
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·In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

[HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by
0 red0 yellow13 green0 procedural
Adopted(citing case) (2020)
phrase: "adopted in"
Adopted(citing case) (2019)
phrase: "adopted in"
Adopted(citing case) (2018)
phrase: "adopted in"
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·State v. Hart, 677 So. 2d 385 (Fla. 4th DCA 1996).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 396313

was charged with corruption by threat under section 838.021(1) as enhanced by section 775.085[1], Florida
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Cited as authorityLucas (2020)
phrase: "rule_authority"
Cited as authorityFlansbaum-Talabisco (2013)
phrase: "rule_authority"
Cited as authorityFiguereo (2000)
phrase: "rule_authority"
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·State v. Slaughter, 574 So. 2d 218 (Fla. 1st DCA 1991).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 7123

violation of section 838.021, Florida Statutes. The issue presented is whether section 838.021(3)(b), Florida
0 red0 yellow2 green0 procedural
Cited as authorityPeters (2013)
phrase: "rule_authority"
Cited as authorityHarrison (1994)
phrase: "rule_authority"
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·Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2120798

threatening a public servant, in violation of section 838.021, Florida Statutes (2002).[2] In lower tribunal
0 red0 yellow3 green0 procedural
Cited as authorityFaison (2010)
phrase: "rule_authority"
Cited as authorityScott (2008)
phrase: "rule_authority"
Cited as authorityBarber (2008)
phrase: "rule_authority"
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·Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994).

Cited 5 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

by threat against a public servant pursuant to § 838.021, Florida Statutes (1985); and one count of carrying
0 red0 yellow3 green0 procedural
Cited as authorityLansdell (2007)
phrase: "rule_authority"
Cited as authoritySaidi (2003)
phrase: "rule_authority"
Cited as authorityVisage (1995)
phrase: "rule_authority"
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·Pagano v. State, 387 So. 2d 349 (Fla. 1980).

Cited 7 times | Published | Supreme Court of Florida

information with corruption by threat under section 838.021, Florida Statutes (1977), for allegedly threatening
0 red0 yellow1 green0 procedural
Cited as authorityShaffer (2010)
phrase: "rule_authority"
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·Bragg v. State, 475 So. 2d 1255 (Fla. 5th DCA 1985).

Cited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1972

threat against a public servant are set out in section 838.021, Florida Statutes (1983). That section provides
0 red0 yellow2 green0 procedural
Cited as authorityTeele (2007)
phrase: "rule_authority"
Cited as authorityJanousek (1994)
phrase: "rule_authority"
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JG v. State, 915 So. 2d 274 (Fla. 4th DCA 2005).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 3299720

that the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant
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·In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

[THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption
0 red0 yellow4 green0 procedural
AdoptedDenson (2023)
phrase: "adopted in"
Cited as authorityDenson (2023)
phrase: "rule_authority"
Adopted(citing case) (2020)
phrase: "adopted in"
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·Rankin v. State, 620 So. 2d 1028 (Fla. 2d DCA 1993).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 169700

"threatening a public servant," a violation of section 838.021(3)(b), Florida Statutes (1987). The information
0 red0 yellow0 green1 procedural
Cert. deniedRankin (1994)
phrase: "certiorari denied"
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Kositsky v. State, 974 So. 2d 614 (Fla. 4th DCA 2008).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 508476

threat against a public servant is defined in section 838.021, Florida Statutes (2006), as follows: Corruption
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Nugent v. State, 45 So. 3d 528 (Fla. 4th DCA 2010).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15026, 2010 WL 3893854

corruption by threat to a public official. Section 838.021, Florida Statutes, makes it a crime to threaten
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·J.G. v. State, 915 So. 2d 274 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 19608

that the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant
0 red0 yellow1 green0 procedural
Cited as authorityJ.A.E. (2007)
phrase: "rule_authority"
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J.b., a Child v. State of Florida (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

threat against public servant, in violation of section 838.021, Florida Statutes (2019), which reads, in pertinent
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Weekfall v. State, 686 So. 2d 618 (Fla. 4th DCA 1996).

Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 11632, 1996 WL 637699

against a public servant, a third-degree felony. § 838.021, Fla. Stat. (1993). This statute prohibits a person
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Del Rio v. State, 22 So. 3d 701 (Fla. 3d DCA 2009).

Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 16826, 2009 WL 3763047

Stat. (2004), and threatening a public servant, § 838.021(3)(b), Fla. Stat. (2004), exceed the statutory
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In the Interest of P.J., 579 So. 2d 299 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4179, 1991 WL 71552

a juvenile, was charged with violation of section 838.021(l)(a) and (3)(b), *300Florida Statutes (Supp
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Abrams v. State, 599 So. 2d 238 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5852, 1992 WL 106387

conviction under the habitual offender statute. See § 838.021, Fla.Stat. (1975), and § 775.084, Fla.Stat. (1989)
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Hart v. State, 761 So. 2d 334 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7528, 1998 WL 329552

conviction for corruption by threat under section 838.021, Florida Statutes (1997). Appellant argues
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Johnson v. State, 185 So. 3d 1282 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2869, 2016 WL 746257

threat against a public servant, a violation of section 838.021(l)(a), Florida Statutes (2011), and sentenced
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Duggar v. State, 483 So. 2d 532 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 6536, 11 Fla. L. Weekly 462

raise and argue the unconstitutionality of section 838.021(3)(b), Florida Statutes (1985), as applied
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Livingston v. State, 833 So. 2d 298 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 19334, 2002 WL 31887146

threat against a public servant in violation of section 838.021, Florida Statutes (1997), and one count of
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P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13057, 2012 WL 3192786

on appeal, P.B. was charged with violating section 838.021(l)(a), Florida Statutes (2009).3 P.B. argues
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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

threatening communications to another person. Section 838.021 — Corruption by threat against public servant
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Harrison v. State, 641 So. 2d 486 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8238, 1994 WL 444885

Harrison’s motion to dismiss Count I because section 838.021(3)(a) is both a charging and a penalty provision
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Teele v. State, 954 So. 2d 1195 (Fla. 3d DCA 2007).

Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 5646, 2007 WL 1135600

investigation in violation of Florida Statutes section 838.021(3)(B). Specifically, count 2 stated: ... ARTHUR
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Smith v. State, 754 So. 2d 889 (Fla. 5th DCA 2000).

Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 4420, 2000 WL 378206

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 838 matters in the context of public corruption and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.