(6)7.1.21 Bribery in the Second Degree: Difference between revisions
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A person is guilty of <b>Bribery in the Second Degree under</b> this subsection if he or she: | A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Bribery in the Second Degree under</b> this subsection if he or she [[(6)1_Definitions#(6)1.2_Willfully|willfully]]: | ||
(a) <b>Offeror Conduct</b> | (a) <b>Offeror Conduct</b> | ||
Offers, confers, or agrees to confer a bribe upon any legal actor as defined in [[Title 2]] for the purpose of: | Offers, confers, or agrees to confer a [[(6)1_Definitions#(6)1.15_Bribe|bribe]] upon any legal actor as defined in [[Title 2]] for the purpose of: | ||
* Preventing, delaying, influencing, or altering the lawful execution of any official duty, discretion, decision, or proceeding; | * Preventing, delaying, influencing, or altering the lawful execution of any official duty, discretion, decision, or [[(6)1_Definitions#(6)1.9_Official_Proceeding|official proceeding]]; | ||
* Inducing the legal actor to act or refrain from acting in violation of a legal duty; | * Inducing the legal actor to act or refrain from acting in violation of a legal duty; | ||
* Securing favorable treatment, preferential action, or improper consideration not otherwise authorized by law; or | * Securing favorable treatment, preferential action, or improper consideration not otherwise authorized by law; or | ||
* Corruptly influencing the outcome of an investigation, charge, proceeding, or enforcement action. | * Corruptly influencing the outcome of an investigation, charge, proceeding, or enforcement action. | ||
(b) <b>Recipient Conduct</b> | (b) or <b>Recipient Conduct</b> | ||
Being a legal actor acting under color of law, solicits, accepts, agrees to accept, or attempts to accept a bribe with the intent that the bribe will influence, reward, or corrupt the exercise of any official duty, discretion, judgment, or action. | Being a legal actor acting under color of law, solicits, accepts, agrees to accept, or attempts to accept a [[(6)1_Definitions#(6)1.15_Bribe|bribe]] with the intent that the [[(6)1_Definitions#(6)1.15_Bribe|bribe]] will influence, reward, or corrupt the exercise of any official duty, discretion, judgment, or action. | ||
(c) <b>Completion of Offense</b> | (c) <b>Completion of Offense</b> | ||
The offense under this section is complete upon the offer, solicitation, agreement, or acceptance of a bribe, regardless of whether the intended influence is successful or the official action is performed. | The offense under this section is complete upon the offer, solicitation, agreement, or acceptance of a [[(6)1_Definitions#(6)1.15_Bribe|bribe]], regardless of whether the intended influence is successful or the official action is performed. | ||
(d) <b>Exclusions</b> | (d) <b>Exclusions</b> | ||
Revision as of 02:41, 17 December 2025
A person is guilty of Bribery in the Second Degree under this subsection if he or she willfully:
(a) Offeror Conduct
Offers, confers, or agrees to confer a bribe upon any legal actor as defined in Title 2 for the purpose of:
- Preventing, delaying, influencing, or altering the lawful execution of any official duty, discretion, decision, or official proceeding;
- Inducing the legal actor to act or refrain from acting in violation of a legal duty;
- Securing favorable treatment, preferential action, or improper consideration not otherwise authorized by law; or
- Corruptly influencing the outcome of an investigation, charge, proceeding, or enforcement action.
(b) or Recipient Conduct
Being a legal actor acting under color of law, solicits, accepts, agrees to accept, or attempts to accept a bribe with the intent that the bribe will influence, reward, or corrupt the exercise of any official duty, discretion, judgment, or action.
(c) Completion of Offense
The offense under this section is complete upon the offer, solicitation, agreement, or acceptance of a bribe, regardless of whether the intended influence is successful or the official action is performed.
(d) Exclusions
This section shall not apply to lawful fees, court-approved settlements, plea negotiations, campaign contributions made in compliance with law, or other conduct expressly authorized by statute or court rule.
Bribery in the Second Degree is a Class C+ Felony.