bribery

 

 

CHAPTER 47

BRIBERY AND CORRUPT INFLUENCE

 

Sec.

4701.  Bribery in official and political matters.

4702.  Threats and other improper influence in official and political matters.

4703.  Retaliation for past official action.

 

Enactment.  Chapter 47 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 47 is referred to in section 911 of this title; sections 17316, 17346 of Title 16 (Counties); section 3575 of Title 42 (Judiciary and Judicial Procedure); section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).

§ 4701.  Bribery in official and political matters.

(a)  Offenses defined.--A person is guilty of bribery, a felony of the third degree, if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:

(1)  any pecuniary benefit as consideration for the decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter by the recipient;

(2)  any benefit as consideration for the decision, vote, recommendation or other exercise of official discretion by the recipient in a judicial, administrative or legislative proceeding; or

(3)  any benefit as consideration for a violation of a known legal duty as public servant or party official.

(b)  Defenses prohibited.--It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, had left office, or lacked jurisdiction, or for any other reason.

 

Cross References.  Section 4701 is referred to in section 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).

§ 4702.  Threats and other improper influence in official and political matters.

(a)  Offenses defined.--A person commits an offense if he:

(1)  threatens unlawful harm to any person with intent to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter;

(2)  threatens unlawful harm to any public servant with intent to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or

(3)  threatens unlawful harm to any public servant or party official with intent to influence him to violate his known legal duty.

(b)  Defense prohibited.--It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(c)  Grading.--An offense under this section is a misdemeanor of the second degree unless the actor threatened to commit a crime or made a threat with intent to influence a judicial or administrative proceeding, in which cases the offense is a felony of the third degree.

 

Cross References.  Section 4702 is referred to in section 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).

§ 4703.  Retaliation for past official action.

A person commits a misdemeanor of the second degree if he harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of public servant.

 

Cross References.  Section 4703 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).