NY Penal Law 190 Bribery of Public Servants
In this post in our ongoing series where we look at New York’s penal law, we’re going to tackle the various crimes that are covered under bribery of public servants. So let’s get started with bribery in the third degree.
Bribery in the third degree.
You’re guilty of this crime when you confer some kind of benefit on a public servant with the agreement or understanding that the public servant’s vote or other type of action will be influenced. This charge is a class D felony.
Bribery in the second degree.
Same thing for this charge, but with the addition that the value of the benefit is greater than $10,000. This charge is a class C felony.
Bribery in the first degree.
To be guilty of bribery in the first degree, you’ll have to confer a benefit on a public servant on an agreement that the public servant’s vote or action will be influenced in the overall decision on the commission or alleged commission of a class A felony. Bribery in the first degree is considered a class B felony.
Bribery; defense.
It’s a defense for bribery that the benefit was involved as a result of conduct that constitutes larceny that’s committed through extortion, or an attempt to commit extortion, or else the same for coercion.
Bribe receiving in the third degree.
Bribe receiving in the third degree basically involves someone soliciting, accepting, or agreeing to accept benefit from someone else on an agreement that their vote or decision will be influenced. This crime is considered a class D felony.
Bribe receiving in the second degree.
This is the same charge, but with the addition that the benefit is in excess of $10,000. This particular charge is a class C felony.
Bribe receiving in the first degree.
To be guilty of this crime you’d have to be a public servant who solicits or accepts a benefit from someone else on agreement or understanding that their vote or opinion will be influenced in the investigation or arrest of anyone for the commission/alleged commission of a class A felony. This crime is classed as a class B felony.
Bribe receiving; no defense.
The crimes of bribe receiving and larceny that’ve been committed by extortion, coercion, and attempt to commit coercion aren’t mutually exclusive, and it’s not a defense that the defendant also committed one of the other specified crimes. It’s also no defense that the public servant didn’t have power or authority to perform either the act or omission that the bribe was given for.
Rewarding official misconduct in the second degree.
For rewarding official misconduct in the second degree, you’re guilty when you confer or offer a benefit on a public servant for violating their duty as a public servant. This charge is a class E felony.
Rewarding official misconduct in the first degree.
The first degree charge of this crime is when you confer or offer a benefit on a public servant for violating their duty as a public servant in the investigation or prosecution of someone for a class A felony. This charge is punished as a class C felony.
Receiving reward for official misconduct in the second degree.
This is a crime that involves soliciting, accepting, or agreeing to accept a benefit from someone else for violating their duty as a public servant. This crime is punished as a class E felony.
Receiving reward for official misconduct in the first degree.
This crime involves soliciting, accepting, or agreeing to accept benefit from someone else for violating their duty as a public servant in the investigation or arrest of anyone for the commission of a class A felony. This crime is a class C felony.
Giving unlawful gratuities.
This crime involves knowingly conferring or agreeing to confer a benefit on a public servant for engaging in official conduct that was required. This is a class A misdemeanor.
Receiving unlawful gratuities.
A public servant is guilty of this crime when they solicit, accept, or agree to accept a benefit for engaging in official conduct they were required to perform. This crime is a class A misdemeanor.
Bribe giving and bribe receiving for public office; definition of term.
A party officer basically means someone who holds office in a political party, whether by election, appointment, or something else.
Bribe giving for public office.
To be guilty of this crime, you’d have to confer, offer, or agree to confer money or property on a public servant or party officer on agreement that someone will be appointed to public office. Bribe giving for public office is a class D felony.
Bribe receiving for public office.
To be guilty of this crime, you’ll have to be a public servant who solicits, accepts, or agrees to accept money or property from someone on an agreement that the person will be appointed to public office. Bribe receiving for public office is considered a class D felony.
Impairing the integrity of a government licensing examination.
You’re guilty of impairing the integrity of a government licensing examination when you wrongfully alter or change an applicant’s grade on a government licensing exam, or cause any false or inaccurate grade to be entered, or provide answers to current questions on a pending government licensing exam, or wrongfully provide a copy of a current test that’s used to determine competence. This crime is a class D felony.
Corrupt use of position or authority.
To be guilty of corrupt use of position or authority, you’d have to corruptly use any official authority or influence in the way of conferring on anyone, or to secure office or public employment, on consideration that the vote/political influence be given or used on behalf of a candidate, officer, or party on a corrupt condition, or being a public officer or employee of the state who has authority that affects the nomination or other impact of a public officer or employee, corruptly promises or threatens to use their authority or influence to affect the vote. This crime is considered a class E felony.