19.4 UNLAWFUL COMPENSATION OR REWARD BY PUBLIC SERVANT FOR OFFICIAL BEHAVIOR
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
- 19.4
- Statute
- § 838.016(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 Unlawful Compensation or Reward by a Public Servant for Official Behavior, 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] [agreed to accept or accepted] a pecuniary or other benefit from (person making bribe).
3. The [request] [solicitation] [agreement to accept or acceptance] was made for the past, present, or future performance, nonperformance or violation of any act or omission of (defendant) that
Give relevant part of 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 a 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.