Bribery of Public Servant
Statute
FLORIDA STATUTE 838.016 Unlawful compensation or reward for official behavior.--
- It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Nothing herein shall be construed to preclude a public servant from accepting rewards for services performed in apprehending any criminal.
- It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.
- Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public duty of the public servant whose action or omission was sought to be rewarded or compensated.
- Whoever violates the provisions of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Jury Instruction
To prove the crime of Bribery of a Public Servant, the State must prove the following four elements beyond a reasonable doubt:
- (Person bribed) was a (office of person bribed).
- (Defendant) [gave] [offered] [promised] to (person bribed) the thing described in the charge in this case as (read from charge).
- The (read from charge) was something of value, benefit, or advantage to [(person bribed)] [a person in whose welfare (person bribed) was interested] not authorized by law.
- The [gift] [offer] [promise] was made for the purpose of corruptly influencing (person bribed) in the performance of some act or omission that
Give 4a or 4b as applicable.
-
[(defendant) believed to be
- [within the official discretion of (person bribed)].]
- [in violation of a public duty of (person bribed)].]
- [in performance of a public duty of (person bribed)].]
- [(person bribed) represented as being
- [within [his] [her] official discretion].]
- [in violation of [his] [her] public duty].]
- [in performance of [his] [her] public duty].
Definition
"Corruptly" means acting knowingly and dishonestly for a wrongful purpose.
The court now instructs you that a (office of person bribed) is a public servant.
In order for the defendant to be guilty, it is not necessary that the act with respect to which the bribe was [given] [offered] [promised] was properly pending before (person bribed), or that by law it might be properly brought before [him] [her], or that [he] [she] was qualified to act in the desired way, or that [he] [she] had jurisdiction over the matter, or that [his] [her] official action was necessary to achieve the purpose of the defendant.
Give if applicable.
For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election orappointment to, any public office is regarded as already being in that office with respect to any transaction relating to an act to be done if and when [he] [she] actually assumes office.
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