Last updated: 2/28/2006
19.6. Bribery By A Public Servant
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Description
19.6 BRIBERY BY A PUBLIC SERVANT 838.016(2), 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 person bribed] was a [office of person bribed]. 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] [a person in whose welfare the defendant was tance] [agreement to accept] was corruptly made for the past, present, or future exertion of any influence me of person sought to be influenced] regarding any act or omission which me of person making bribe] believed to be [within the official discretion me of person sought to be a. [[Name of person making bribe] believed to be [in violation of a public duty ofme of person sought to be 838.016(2), Fla. Stat. To prove the crim19.6 BRIBERY BY A PUBLIC SERVANT e of Bribery by a Pub e of person sought to be 838.016(2), Fla. Stat. To prove the crim19.6 BRIBERY BY A PUBLIC SERVANT e of Bribery by a Pub aking bribe] as being [within the official discretion me of person sought to be b. [was represented to [name of person making bribe] as being <<<<<<<<<********>>>>>>>>>>>>> 2 [in violation of the public duty e of person sought to be of [nam[in violation of the public duty e of person sought to be ance of the public duty me of person sought to be [in performance of the 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 [his] [her] public duties. ce of person bribed] is a public servant and that a [office of person sought to be influenced] is a public servant. In order for [name of defendant] to be guilty, it is not necessary that the exercise of influence for which the bribe was requested or solicited was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated. 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.