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Florida Statute 838.21 - Full Text and Legal Analysis
Florida Statute 838.21 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 838.21 Case Law from Google Scholar Google Search for Amendments to 838.21

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
View Entire Chapter
838.21 Disclosure or use of confidential criminal justice information.—It is unlawful for a public servant, with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, to disclose active criminal investigative or intelligence information as defined in chapter 119 or to disclose or use information regarding either the efforts to secure or the issuance of a warrant, subpoena, or other court process or court order relating to a criminal investigation or criminal prosecution when such information is not available to the general public and is gained by reason of the public servant’s official position. Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 5, ch. 2003-158.

F.S. 838.21 on Google Scholar

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Amendments to 838.21


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 838.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.21 - OBSTRUCT CRIMINAL INVEST - PUB SERVANT USE DESTROY CONF INFO TO OBSTRUCT - F: T

Cases Citing Statute 838.21

Total Results: 29  |  Sort by: Relevance  |  Newest First

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Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988).

Cited 15 times | Published | Florida 2nd District Court of Appeal | 1988 WL 102572

or injure the recipient or a family member. Section 838.021(3)(b) condemns threats of harm to public servants
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Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1995 WL 619215

Sufficiency of allegations as to count III Section 838.021, Florida Statutes, states, Corruption by threat
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Pagano v. State, 387 So. 2d 349 (Fla. 1980).

Cited 7 times | Published | Supreme Court of Florida

information with corruption by threat under section 838.021, Florida Statutes (1977), for allegedly threatening
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State v. Hart, 677 So. 2d 385 (Fla. 4th DCA 1996).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 396313

was charged with corruption by threat under section 838.021(1) as enhanced by section 775.085[1], Florida
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State v. Slaughter, 574 So. 2d 218 (Fla. 1st DCA 1991).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 7123

violation of section 838.021, Florida Statutes. The issue presented is whether section 838.021(3)(b), Florida
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Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2120798

threatening a public servant, in violation of section 838.021, Florida Statutes (2002).[2] In lower tribunal
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Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994).

Cited 5 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

by threat against a public servant pursuant to § 838.021, Florida Statutes (1985); and one count of carrying
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In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

[HARM] [THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption by
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JG v. State, 915 So. 2d 274 (Fla. 4th DCA 2005).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 3299720

that the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant
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Bragg v. State, 475 So. 2d 1255 (Fla. 5th DCA 1985).

Cited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1972

threat against a public servant are set out in section 838.021, Florida Statutes (1983). That section provides
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Rankin v. State, 620 So. 2d 1028 (Fla. 2d DCA 1993).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 169700

"threatening a public servant," a violation of section 838.021(3)(b), Florida Statutes (1987). The information
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Kositsky v. State, 974 So. 2d 614 (Fla. 4th DCA 2008).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 508476

threat against a public servant is defined in section 838.021, Florida Statutes (2006), as follows: Corruption
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Nugent v. State, 45 So. 3d 528 (Fla. 4th DCA 2010).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15026, 2010 WL 3893854

corruption by threat to a public official. Section 838.021, Florida Statutes, makes it a crime to threaten
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

[THREAT OF HARM] AGAINST A PUBLIC SERVANT § 838.021, Fla. Stat. To prove the crime of Corruption
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J.b., a Child v. State of Florida (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

threat against public servant, in violation of section 838.021, Florida Statutes (2019), which reads, in pertinent
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Weekfall v. State, 686 So. 2d 618 (Fla. 4th DCA 1996).

Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 11632, 1996 WL 637699

against a public servant, a third-degree felony. § 838.021, Fla. Stat. (1993). This statute prohibits a person
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Del Rio v. State, 22 So. 3d 701 (Fla. 3d DCA 2009).

Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 16826, 2009 WL 3763047

Stat. (2004), and threatening a public servant, § 838.021(3)(b), Fla. Stat. (2004), exceed the statutory
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In the Interest of P.J., 579 So. 2d 299 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4179, 1991 WL 71552

a juvenile, was charged with violation of section 838.021(l)(a) and (3)(b), *300Florida Statutes (Supp
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Abrams v. State, 599 So. 2d 238 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5852, 1992 WL 106387

conviction under the habitual offender statute. See § 838.021, Fla.Stat. (1975), and § 775.084, Fla.Stat. (1989)
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Hart v. State, 761 So. 2d 334 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7528, 1998 WL 329552

conviction for corruption by threat under section 838.021, Florida Statutes (1997). Appellant argues
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Johnson v. State, 185 So. 3d 1282 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2869, 2016 WL 746257

threat against a public servant, a violation of section 838.021(l)(a), Florida Statutes (2011), and sentenced
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Duggar v. State, 483 So. 2d 532 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 6536, 11 Fla. L. Weekly 462

raise and argue the unconstitutionality of section 838.021(3)(b), Florida Statutes (1985), as applied
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J.G. v. State, 915 So. 2d 274 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 19608

that the threat be conveyed. Florida Statutes Section 838.021, Corruption by Threat Against Public Servant
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Livingston v. State, 833 So. 2d 298 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 19334, 2002 WL 31887146

threat against a public servant in violation of section 838.021, Florida Statutes (1997), and one count of
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P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13057, 2012 WL 3192786

on appeal, P.B. was charged with violating section 838.021(l)(a), Florida Statutes (2009).3 P.B. argues
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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

threatening communications to another person. Section 838.021 — Corruption by threat against public servant
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Harrison v. State, 641 So. 2d 486 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8238, 1994 WL 444885

Harrison’s motion to dismiss Count I because section 838.021(3)(a) is both a charging and a penalty provision
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Teele v. State, 954 So. 2d 1195 (Fla. 3d DCA 2007).

Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 5646, 2007 WL 1135600

investigation in violation of Florida Statutes section 838.021(3)(B). Specifically, count 2 stated: ... ARTHUR
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Smith v. State, 754 So. 2d 889 (Fla. 5th DCA 2000).

Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 4420, 2000 WL 378206

COBB, PETERSON and GRIFFIN, JJ., concur. . § 838.021, Fla. Slat. (1999).