838.021 Corruption by threat
against public servant. ---
(1) Whoever unlawfully harms or threatens unlawful
harm to any public servant, to his immediate family, or to any
other person with whose welfare he is interested, with the intent
or purpose:
(a) To influence the performance of any act or omission
which the person believes to be, or 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) To cause or induce him 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 which the person believes to
be, or 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 he had assumed office, that the matter was properly
pending before him or might by law properly be brought before him,
that he possessed jurisdiction over the matter, or that his
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 he 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 he 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.
History: s. 61, ch. 74-383; s. 37, ch. 75-298.