19.7 OFFICIAL MISCONDUCT
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
- 19.7
- Statute
- § 838.022, 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 Official Misconduct, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) was a [public servant] [public contractor].
2. While a [public servant] [public contractor], (defendant) knowingly and intentionally [obtained a benefit for a person] [caused unlawful harm to another] by
Give as applicable.
a. [falsifying] [causing another person to falsify] an [official record] [official document].
b. [concealing] [covering up] [destroying] [mutilating] [altering] an [official record] [official document] except as authorized by law or contract [or causing another person to perform such an act].
c. [obstructing] [delaying] [preventing] the communication of information relating to the commission of a felony that directly involved or affected the government entity served by (defendant).
Lesser-included offenses
As the instruction lists them, word for word.
OFFICIAL MISCONDUCT — 838.022
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 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.