21.12 CORRUPTION BY [HARM] [THREAT OF HARM] AGAINST 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
21.12
Statute
§ 838.021, 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 Corruption by [Harm] [Threat of Harm] Against a Public Servant, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) unlawfully [harmed] [threatened unlawful harm] to [(victim)] [(victim’s) immediate family member] [a person with whose welfare (victim) was interested in].

2. At the time, (victim) was a public servant.

Give as applicable.

3. (Defendant) did so, with the intent or purpose to:

a. influence the performance of any act or omission which the defendant believed to be [or (victim) represented as being,] within the official discretion of (victim), in violation of a public duty, or in performance of a public duty.

b. cause or induce (victim) to [use] [exert] [procure the use or exertion of] any influence [upon] [with] any other public servant regarding any act or omission which the defendant believed to be [or (victim) represented as being,] within the official discretion of (victim), in violation of a public duty, or in performance of a public duty.

Lesser-included offenses

As the instruction lists them, word for word.

No lesser included offenses have been identified for these offenses. There is no crime of Attempt to Corrupt Public Servant by Threat. See Pagano v. State, 387 So. 2d 349 (Fla. 1980).

Unlawfully harming a public servant is a second degree felony. Threatening unlawful harm is a third degree felony. See § 838.021(3)(a) and (b), Fla. Stat.

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.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp