76-8-105. Receiving or soliciting bribe or bribery by public servant.
236 words·~1 min read·
/ut/title-76/chapter-8/76-8-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-105. Receiving or soliciting bribe or bribery by public servant.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits receiving or soliciting a bribe if the actor asks for, solicits, accepts, or receives, directly or indirectly, any benefit with the understanding or agreement that the purpose or intent is 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 asked for, solicited, accepted, or conferred is more than $1,000; or
(b)a third degree felony if the value of the benefit asked for, solicited, accepted, or conferred is $1,000 or less.
(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 asked for, 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