Florida statute

Fla. Stat. § 838.021 — Corruption by threat against public servant

Current through 2025 Florida Statutes

Part of Chapter 838: Bribery; Misuse of Public Office, Florida Statutes.

Criminal charges under this statute

Corruption by threat against public servant

Full text of Fla. Stat. § 838.021

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 838.021Primary source, current through the 2025 Florida Statutes

(1) It is unlawful to harm or threaten to harm any public servant, his or her immediate family, or any other person with whose welfare the public servant is interested with the intent to:(a) Influence the performance of any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty.(b) Cause or induce the public servant to use or exert, or procure the use or exertion of, any influence upon or with any other public servant regarding any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. (2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the public servant had assumed office, that the matter was properly pending before him or her or might by law properly be brought before him or her, that the public servant possessed jurisdiction over the matter, or that his or her official action was necessary to achieve the person’s purpose. (3)(a) Whoever unlawfully harms any public servant or any other person with whose welfare the public servant is interested shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) Whoever threatens unlawful harm to any public servant or to any other person with whose welfare the public servant is interested shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

Is corruption by threat against public servant a felony or a misdemeanor in Florida?

It depends on the circumstances: corruption by threat against public servant ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 838.021.

Unlawful harm to public servant: Felony of the Second Degree (Fla. Stat. § 838.021(3)(a)) · Threatened harm to public servant: Felony of the Third Degree (Fla. Stat. § 838.021(3)(b))

Which Florida statute covers corruption by threat against public servant?

Corruption by threat against public servant is governed by Fla. Stat. § 838.021 (Corruption by threat against public servant).

This reference is informational and is not legal advice.