19.2 BRIBERY BY A PUBLIC SERVANT
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 19.2
- Statute
- § 838.015(1), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Bribery by a Public Servant, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) was a public servant.
2. (Defendant) knowingly and intentionally [requested] [solicited] [accepted] [agreed to accept for [himself] [herself] [or another]] from (person making bribe) a pecuniary or other benefit.
3. (Defendant’s) [request] [solicitation] [acceptance] [agreement to accept] was made with the intent of being influenced in the performance of some act [or omission] that
Give 3a or 3b as applicable.
a. (person making bribe) believed to be
[within the official discretion of (defendant).]
[in violation of a public duty of (defendant).]
[in performance of public duty of (defendant).]
b. (defendant) represented as being
[within [his] [her] official discretion].
[in violation of [his] [her] public duty].
[in performance of [his] [her] public duty].
4. The pecuniary or other benefit was not authorized by law.
Lesser-included offenses
As the instruction lists them, word for word.
No lesser included offenses have been identified for this offense.
Related practice page
Extortion & Bribery Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.