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Criminal Defense Services

Bribery

13-2601. Definition

In this chapter, unless the context otherwise requires:

1. "Employee" includes a person employed by an enterprise or an agent or fiduciary of a principal.

2. "Employer" includes an enterprise or principal.

3. "Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise.

 

13-2602. Bribery of a public servant or party officer; classification

A. A person commits bribery of a public servant or party officer if with corrupt intent:

1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or

2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant or party officer may thereby be influenced.

B. It is no defense to a prosecution under this section that a person sought to be influenced was not qualified to act in the desired way because such person had not yet assumed office, lacked jurisdiction or for any other reason.

C. Bribery of a public servant or party officer is a class 4 felony.

 

13-2605. Commercial bribery; classification; exception

A. A person commits commercial bribery if:

1. Such person confers any benefit on an employee without the consent of such employee's employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs, and the conduct of the employee causes economic loss to the employer.

2. While an employee of an employer such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer's commercial affairs, and such conduct causes economic loss to the employer or principal.

B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars. Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars but not less than one hundred dollars. Commercial bribery is a class 1 misdemeanor if the value of the benefit is less than one hundred dollars.

C. This section shall not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such person and the employee that such employee engage in conduct which will cause economic loss to his employer, such employee engages in conduct while an employee of his original employer and such conduct causes economic loss to the employer.

 

13-2606. Offer to exert improper influence on public officer or employee for consideration; classification

A person who intentionally or knowingly obtains or seeks to obtain any benefit from another person upon a claim or representation that he can or will improperly influence the action of a public servant is guilty of a class 4 felony.

 

13-2309. Bribery of participants in professional or amateur games, sports, horse races, dog races, contests; classification

Whoever knowingly gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis, horse race, dog race or basketball player or boxer or any player or referee or other official who participates or expects to participate in any professional or amateur game or sport, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any benefit with intent to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory or defeat, or in the case of a referee or other official to affect his decisions or the performance of his duties in any way, in a baseball, football, hockey or basketball game, boxing, tennis, horse race, dog race, or polo match, or any professional or amateur sport, or game, in which such player or participant or referee or other official is taking part or expects to take part, or has any duty or connection therewith, is guilty of a class 4 felony.

 

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