Forms of Bribery: Unlawful Compensation or Reward for Official Behavior

November 22, 2023 Don Pumphrey, Jr. Criminal Defense Social Share

Bribery is considered a white-collar crime, and is defined as the offering, giving, soliciting, or receiving anything of value as a means of influencing the actions of an individual with a public or legal duty.

Chapter 838 of the Florida Statutes provides the various definitions and offenses that fall under bribery and misuse of public office. One form of bribery that a person in Florida can be arrested for is unlawful compensation or reward for official behavior.

This page will provide information relating to the definitions, charges, and penalties for a person accused of unlawful compensation or reward for public behavior. We will also provide an example case from Florida, and the possible defense applicable to fighting this type of charge.

Bribery Definitions

Before moving forward with the statutory language for the various forms of bribery, it helps to first provide the following legal definitions:

A “public servant” is defined under Florida Statute Section 838.014(7)(a) as any officer or employee of a governmental entity. This can include any executive, legislative, or judicial branch officer or employee.

Section (7)(b) – (7)(c) defines a “public servant” as any of the following roles:

• General or special magistrate;
• Receiver;
• Auditor;
• Arbitrator;
• Umpire;
• Referee;
• Consultant; or
• Hearing officer, while any of the above are performing a governmental function or a candidate for election or appointment to any of these officer positions; or
• An individual who has been elected to, but has yet to officially assume the responsibility of, public office.

A “government entity” is defined under Florida Statute Section 838.014(4) as an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized by law.

Cornell Law defines “pecuniary” as meaning of or relating to money.

Unlawful Compensation or Rewards for Official Behavior

The crime of accepting unlawful compensation or rewards for official behavior is codified under Florida Statute Section 838.016. For an individual to be charged with this offense, it implies that they have either:

• Knowingly gave, offered, or promised to give a public servant any pecuniary benefit, or if they are a public servant, then they intentionally requested, solicited, accepted, or agreed to accept any pecuniary benefit for past, present, or future performances, non-performances, or violations of any act or omission which the person believes to have been within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty; or
• Knowingly gave, offered, or promised to give a public servant any pecuniary benefit, or if they are a public servant, then knowingly and intentionally requested, solicited, accepted, or agreed to accept any pecuniary benefit for past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to them as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.

In other words, it is illegal for you to offer or bribe a public servant to act or not act in a certain way. It is illegal for a public servant to accept any type of offer or bribe to act or not act in a certain way during their employed duties. It is also illegal for any person to use their undue influence, meaning taking advantage of the public servant’s position of power.

Important: During the prosecution of a bribery defendant, it is not required to prove that the request or acceptance of a pecuniary benefit was accomplished or was within the influence, official discretion, or public duty of the public servant whose actions or omissions was meant to be compensated or rewarded.

Elements for Prosecution

The Florida Bar provides criminal jury instructions for each type of crime. Under the Standard Jury Instructions for Bribery, the State must be able to prove the following five elements beyond a reasonable doubt to convict a defendant for unlawful compensation or reward to a public servant:

1. [Name of public servant] was a public servant;
2. The defendant knew of the public servant’s role and duties;
3. The defendant knowingly and intentionally gave, offered, or promised a pecuniary or other benefit to the public servant;
4. The gift, offer, or promise, was made for the past, present, or future performance, nonperformance, or violation of any act or omission of the public servant that:
   1. The defendant believed to be within the official discretion of the public servant, in violation of the public duty of the public servant, or in performance of a public duty of the public servant;
   2. The public servant was represented as being within his or her official discretion, in violation of their public duty, or in performance of their public duty;
5. The pecuniary or other benefit was not authorized by law.

Penalties for Unlawful Compensation

Under Florida Statute Section 838.016(4), an individual who commits the offense of unlawful compensation or reward for official behavior can be charged with a second-degree felony.

In Florida, a conviction for a second-degree felony carries up to:

• $10,000 in fines; and
• 15 years in prison.

Defenses to Bribery Allegations

If you find yourself being accused of unlawful compensation, consider hiring an experienced bribery defense attorney. With the help of Pumphrey Law Firm, you can determine if any of the following defenses are applicable to your case:

• Lack of intent – In order to convict a person of unlawful compensation, it implies that they knowingly and intentionally offered or promised some type of award to the public servant. If the defendant lacked the required intent to influence a public servant or be influenced as a public servant, then a defense attorney can use lack of intent to fight the charges against you.
• Entrapment – When a defendant is coerced or induced to commit a crime they wouldn’t have committed otherwise, it is considered entrapment. A defense attorney can use entrapment as a defense if you believe a law enforcement officer used entrapment to get you to commit unlawful compensation.
• No quid pro quo – The Latin phrase for “something for something.” If the defendant claims there was no item of value given, offered, or promised, then a defense attorney can help use this as a defense for the charges against you.

Contact the office of Pumphrey Law Firm today to receive a free consultation going over your case details.

White Collar Criminal Defense in Tallahassee, FL

There are several reasons why hiring a criminal defense attorney is beneficial to your case. By entrusting Pumphrey Law Firm, we will review the details of your case, including an in-depth look at the evidence against you to identify any weaknesses in the State’s case. Our defense attorneys can help you establish a defense strategy that is specifically related to your case, and if necessary, fight for you in the court room. Our team vows to advocate for you during any pretrial, trial, and plea hearings.

If you have any questions regarding your case or understanding the complexities of criminal law, contact Pumphrey Law’s office today. You can contact us at (850) 681-7777 or by leaving us an online message.

Written by Karissa Key

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