Last updated: 2/28/2006
19.4. Bribery By A Public Servant
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Description
19.4 BRIBERY BY A PUBLIC SERVANT 838.016(1), Fla. Stat. To prove the crime of Bribery by a Plic Servanub t, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] was a [office of defendant]. 2. [Name of defendant] [requested] [solicited] [accepted] [agreed to accept] from [name of person making bribe] the thing described in the charge in this case as [read from charge]. 3. The [read from charge] was something of value, benefit or advantage to [name of defendant] me of defendant] was [a person in whose welfare [name of defendant] was tance] [agreement to accept] was corruptly made for the past, present, or future performance, nonperformance or violation of ame of defendant] that within the official a. [[Name of person making bribe] believed to be [within the official 838.016(1), Fla. Stat. 19.4 BRIBERY BY A PUBLIC SERVANT To prove the crime of Bribery by a Pub 838.016(1), Fla. Stat. 19.4 BRIBERY BY A PUBLIC SERVANT To prove the crime of Bribery by a Pub me of defendant] represented as being of defendan t]s official discretion].] m defendant]s public duty].] e of me of defendant]s public duty].] "Corruptly" means done with a wrongful intent and for the purpose of obtaining or receiving compensation for any benefit resulting from some act or omission of a public servant that is inconsistent with the proper performance of the public servants public duties. The Court now instructs you that a [offi In order for [name of defendant] to be guilty, it is not necessary that the exercise of official discretion or violation of a public duty or performance of a public duty for <<<<<<<<<********>>>>>>>>>>>>> 2which the bribe was requested or solicited was accomplished or was within the official discretion or public duty of [name of defendant]. 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 the person actually assumes office.
