76-8-103. Bribery or offering a bribe.
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Effective 5/1/2024
76-8-103. Bribery or offering a bribe.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits bribery or offering a bribe if the actor promises, offers, or agrees to give or gives, directly or indirectly, any benefit to another with the purpose or intent to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion of a public servant, party official, or voter.
(3)A violation of Subsection
(2)is:
(a)a second degree felony if the value of the benefit is $1,000 or more; or
(b)a third degree felony if the value of the benefit is less than $1,000.
(4)It is not a defense to a prosecution under this statute that:
(a)the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction, or for any other reason;
(b)the person sought to be influenced did not act in the desired way; or
(c)the benefit is not conferred, solicited, or accepted until after:
(i)the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, has occurred; or
(ii)the public servant ceases to be a public servant.
Amended by Chapter 96 , 2024 General Session