76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution.
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Effective 5/1/2024
76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits acceptance of bribe or bribery to prevent criminal prosecution if the actor:
(a)solicits, accepts, or agrees to accept any benefit as consideration for the actor's refraining from initiating or aiding in a criminal prosecution; or
(b)confers, offers, or agrees to confer any benefit upon a person as consideration for the person refraining from initiating or aiding in a criminal prosecution.
(3)A violation of Subsection
(2)is a class A misdemeanor.
(4)It is an affirmative defense that the value of the benefit did not exceed an amount that the actor believed to be due as restitution or indemnification for the loss caused or to be caused by the offense.
Amended by Chapter 96 , 2024 General Session