At the beginning of the police officer misconduct case, I wondered what laws would apply. All sections in red are quoted verbatim from the state statutes. It is unlawful for...a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. The next question I had in my mind was whether any charge could be brought if the offender was stopped before he or she could perform any illegal act. I researched the state statutes and found that: Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public duty of the public servant whose action or omission was sought to be rewarded or compensated. In other words, the public official did not even have to be capable of accomplishing the act to bring on the charges. It is interesting to note that this law applies to any public servant, and not just police officers. The law also applies to the relationship of one public servant to another. This part of the law states: It is unlawful for...a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the 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 him or her 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. What is the classification of this crime? The statute states: Whoever violates the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Another statute that may apply in this case is the one that addresses the issue of accessory after the fact. 777.03 Accessory after the fact.--
(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a felony or been accessory thereto before the fact, with intent that the offender avoids or escapes detection, arrest, trial or punishment, is an accessory after the fact. These are sobering times for our community. |
