Amendments to 838.015

1. Ellison v. State

   132 So. 3d 291 (Fla. Dist. Ct. App. 2014)   Cited 2 times

   Marlon Anthony Ellison challenges his conviction for bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008). The defendant was a corrections officer at a prison and employed by a private company that operated the prison pursuant to a contract with the State. The charges were filed following a prison corruption investigation during which a confidential informant advised police that the defendant was willing to smuggle contraband into the prison for a fee. The defendant argues that he cannot be convicted for a violation of section 838.015 because he was not a “public servant” within the meaning of the statute. As explained below, we conclude that the Correctional Privatization Act, Florida Statutes Chapter 957, brings Ellison and his conduct within the reach of section 838.015. Thus, we affirm the conviction.

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2. Standard Jury Instructions in Criminal Cases

   214 So. 3d 1290 (Fla. 2017)

   For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election or appointment to, any public office is regarded as already being in that office with respect to any transaction relating to an act to be done if and when [he] [she] actually assumes office. Lesser Included Offenses BRIBERY OF A PUBLIC SERVANT — 838.015( 1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt if only "give" 777.04(1) 5.1 is charged Comment This instruction was adopted in 1981 and amended in 2005 and 2017. 19.2 BRIBERY BY A PUBLIC SERVANT § 838.015( 1), Fla._Stat. To prove the crime of Bribery by a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1. (Defendant) was a (office of defendant) public servant. 2. (Defendant) knowingly and intentionally [requested] [solicited] [accepted] [agreed to accept for [himself] [herself] [or another] ] from (person making bribe) the thing described in the charge in this case as (read from charge) a pecuniary or other benefit . 3. The (read from charge) was something of value, benefit, or advantage to [ (defendant) ] [a person in whose…

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3. Batterson v. State

   217 So. 3d 1062 (Fla. Dist. Ct. App. 2016)

   More precisely, section 838.015(1), Florida Statutes (2013), provides:

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4. State v. Flansbaum-Talabisco

   No. 4D12-946 (Fla. Dist. Ct. App. Jul. 24, 2013)

   • Motion for summary judgment
   • Motion to dismiss

   In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery:

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5. State v. Flansbaum-Talabisco

   121 So. 3d 568 (Fla. Dist. Ct. App. 2013)   Cited 2 times

   • Motion for summary judgment
   • Motion to dismiss

   In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery:

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6. Marshall v. State

   313 So. 3d 937 (Fla. Dist. Ct. App. 2021)

   The State charged Mr. Marshall with (1) felony battery after prior conviction, a third-degree felony (count one); (2) bribery, a second-degree felony (count two); and (3) resisting an officer without violence, a first-degree misdemeanor (count three). See §§ 784.03(2), 838.015, 843.02, Fla. Stat. (2018). Mr. Marshall pleaded guilty to all offenses.
7. Agan v. Vaughn

   119 F.3d 1538 (11th Cir. 1997)   Cited 226 times

   4 more...

   Georgia, unlike many other states, does not include an element of corrupt intent in the text of its bribery statute. Compare Ga. Code Ann. Section(s) 16-10-2 (1996) with Ala. Code Section(s) 13A-10-61(a) (1975) ("A person commits the crime of bribery if (1) He offers . . . any thing of value upon a public servant with the intent that the public servant's vote, opinion, judgment, exercise of discretion or other action in his official capacity will thereby be corruptly influenced") (emphasis added); Ariz.Rev.Stat.Ann. Section(s) 13-2602 (West 1989) ("A person commits bribery of a public servant or party officer if with corrupt intent . . . [s]uch person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer.") (emphasis added); Fla. Stat. Ann. Section(s) 838.015( 1) (West 1994) ("`Bribery' means corruptly to give, offer, or promise to any public servant . . . any pecuniary or other benefit with an intent or purpose to influence the performance of any…

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8. U.S. v. Casamayor

   837 F.2d 1509 (11th Cir. 1988)   Cited 33 times

   The district court did not commit reversible error in refusing to give defendant Russell Barker's requested jury instruction in connection with the RICO conspiracy count. See 18 U.S.C.A. § 1962. The indictment alleged that Detective Barker committed two acts of bribery chargeable under state law. See Fla.State. § 838.015. The district court instructed the jury on the definition and elements of the Florida bribery statute. Defendant Barker, however, requested the district court to deliver an additional Florida Standard Jury Instruction setting out the specific elements involved in proving a violation of Fla.Stat. § 838.015 when the defendant is a public official accused of accepting a bribe, as distinguished from being a person charged with offering a bribe.

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9. Merckle v. State

   529 So. 2d 269 (Fla. 1988)   Cited 7 times

   Bribery is defined in subsection 838.015(1), Florida Statutes (1985):

   PAGE 271
10. U.S. v. Italiano

    837 F.2d 1480 (11th Cir. 1988)   Cited 26 times

    • Motion to dismiss
    3 more...

    Paragraph fourteen of Count Two alleged that Nelson Italiano gave a "benefit" to certain county commissioners "with an intent and purpose to influence an act . . . within the official discretion of [those commissioners] relating to Cable Television Franchise Agreement No. 80-563. . . ." Such conduct, the indictment alleged, was chargeable under Florida Statutes, Section 838.015, supra.

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