(6)7.1.21 Bribery in the Second Degree

A person is guilty of Bribery in the Second Degree under this subsection if he or she:

(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 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) 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.