76-6-508. Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.
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Effective 5/3/2023
76-6-508. Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.
(1)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits bribery or receiving a bribe if the actor:
(a)without the consent of the employer or principal, and contrary to the interests of the employer or principal:
(i)confers, offers, or agrees to confer upon the employee, agent, or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his employer's or principal's affairs; or
(ii)as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence the actor's conduct in relation to the actor's, employer's, or principal's affairs; or
(i)holds the actor's self out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services; and
(ii)solicits, accepts, or agrees to accept any benefit to influence the actor's selection, appraisal, or criticism.
(3)A violation of Subsection
(2)is a class A misdemeanor.
(4)This section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent, or fiduciary.
(5)This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6)The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband , through Chapter 11c, Retention of Evidence .
Amended by Chapter 111 , 2023 General Session