19.5 UNLAWFUL COMPENSATION OR REWARD TO 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
- 19.5
- Statute
- § 838.016(2), 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 to a Public Servant for Official Behavior, the State must prove the following five elements beyond a reasonable doubt:
1. (Name of public servant) was a public servant.
2. (Defendant) knew that (name of public servant) was a public servant.
3. (Defendant) knowingly and intentionally [gave] [offered] [promised] a pecuniary or other benefit to (name of public servant).
4. The [gift] [offer] [promise] was made for the past, present or future exertion of any influence upon or with (name of public servant) regarding any act or omission that
Give 4a or 4b as applicable.
a. [(defendant) believed to be
[within the official discretion of (name of public servant)].]
[in violation of a public duty of (name of public servant)].]
[in performance of a public duty of (name of public servant)].]
b. [was represented to (defendant) as being
[within the official discretion of (name of public servant)].]
[in violation of the public duty of (name of public servant)].]
[in performance of the public duty of (name of public servant)].]
The pecuniary or other benefit was not authorized by law.
Lesser-included offenses
As the instruction lists them, word for word.
19.5 UNLAWFUL COMPENSATION OR REWARD TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR — 838.016(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt if only “gave” is charged | 777.04(1) | 5.1 |
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.