12.1-12 Bribery - Unlawful Influence of Public Servants
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<![CDATA[CHAPTER 12.1-12BRIBERY - UNLAWFUL INFLUENCE OF PUBLIC SERVANTS12.1-12-01. Bribery.1.A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees<br>to give to another, or solicits, accepts, or agrees to accept from another, a thing of<br>value as consideration for:a.The recipient's official action as a public servant; orb.The recipient's violation of a known legal duty as a public servant.2.It is no defense to a prosecution under this section that a recipient was not qualified<br>to act in the desired way whether because he had not yet assumed office, or lacked<br>jurisdiction, or for any other reason.3.A prima facie case is established under this section upon proof that the actor knew<br>that a thing of pecuniary value was offered, given, or agreed to be given by, or<br>solicited, accepted, or agreed to be accepted from, a person having an interest in an<br>imminent or pending:a. examination, investigation, arrest, or judicial oradministrative proceeding; or b. bid, contract, claim, or application, and that interest<br>could be affected by the recipient's performance or nonperformance of his official<br>action or violation of his known legal duty as a public servant.12.1-12-02.Illegal influence between legislators or between legislators andgovernor. Any person who violates the provisions of section 9 of article IV or section 10 of<br>article V of the Constitution of North Dakota is guilty of a class C felony.12.1-12-03. Unlawful compensation for assistance in government matters.1.A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees<br>to accept a thing of pecuniary value from nongovernmental sources:a.As compensation for advice or other assistance in preparing or promoting a bill,<br>contract, claim, or other matter which is or is likely to be subject to his official<br>action;b.As compensation for omitting or delaying official action; orc.As a fee or compensation for services not rendered or to which he was not<br>legally entitled.2.A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees<br>to give a thing of pecuniary value to a public servant, receipt of which is prohibited by<br>this section.12.1-12-04. Trading in public office and political endorsement.1.A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to<br>accept, or offers, gives, or agrees to give, a thing of pecuniary value as<br>consideration for approval or disapproval by a public servant or party official of a<br>person for:a.Appointment, employment, advancement, or retention as a public servant; orb.Designation or nomination as a candidate for elective office.Page No. 12.In this section:a."Approval" includes recommendation, failure to disapprove, or any other<br>manifestation of favor or acquiescence.b."Disapproval" includes failure to approve or any other manifestation of disfavor<br>or nonacquiescence.c."Party official" means a person who holds a position or office in a political party,<br>whether by election, appointment, or otherwise.3.Any appointment of a public servant made in violation of this section is void, but any<br>official action taken by the appointee prior to conviction under this section is valid.12.1-12-05. Trading in special influence. A person is guilty of a class A misdemeanorif he knowingly offers, gives, or agrees to give, or solicits, accepts, or agrees to accept, a thing of<br>pecuniary value for exerting, or procuring another to exert, special influence upon a public<br>servant with respect to his legal duty or official action as a public servant. "Special influence"<br>means power to influence through kinship or by reason of position as a public servant or party<br>official, as defined in section 12.1-12-04.12.1-12-06. Threatening public servants.1.A person is guilty of a class C felony if he threatens harm to another with intent to<br>influence his official action as a public servant in a pending or prospective judicial or<br>administrative proceeding held before him, or with intent to influence him to violate<br>his duty as a public servant.2.A person is guilty of a class C felony if, with intent to influence another's official<br>action as a public servant, he threatens:a.To commit any crime or to do anything unlawful;b.To accuse anyone of a crime; orc.To expose a secret or publicize an asserted fact, whether true or false, tending<br>to subject any person, living or deceased, to hatred, contempt, or ridicule, or to<br>impair another's credit or business repute.3.It is no defense to a prosecution under this section that a person whom the actor<br>sought to influence was not qualified to act in the desired way whether because he<br>had not yet assumed office, or lacked jurisdiction, or for any other reason.12.1-12-07. Sports bribery.1.A person is guilty of a class C felony if, with intent to prevent a publicly exhibited<br>sporting contest from being conducted in accordance with the rules and usages<br>purporting to govern it, he:a.Confers, offers, or agrees to confer any benefit upon, or threatens any harm to,<br>a participant, official, or other person associated with the contest; orb.Tampers with any person, animal, or thing.2.A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to<br>accept any benefit, the giving of which is prohibited under subsection 1.Page No. 23.A "publicly exhibited sporting contest" is any contest in any sport, between individual<br>contestants or teams of contestants, the occurrence of which is publicly announced<br>in advance of the event.4.The status of the contestant as amateur or professional is not material to the<br>commission of the offense described in this section.12.1-12-08. Commercial bribery.1.A person is guilty of a class C felony if he:a.Confers, agrees, or offers to confer any benefit upon an employee or agent<br>without the consent of the latter's employer or principal, with intent to influence<br>his conduct in relation to his employer's or principal's affairs; orb.Confers, agrees, or offers to confer any benefit upon any fiduciary without the<br>consent of the beneficiary, with intent to influence the fiduciary to act or conduct<br>himself contrary to his fiduciary obligation.2.A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to<br>accept any benefit, the giving of which is prohibited under subsection 1.12.1-12-09.Definitions for chapter.In this chapter, "thing of value" and "thing ofpecuniary value" do not include (1) salary, fees, and other compensation paid by the government<br>in consideration for which the official action or legal duty is performed; or (2) concurrence in<br>official action in the course of legitimate compromise among public servants, except as provided<br>in section 9 of article IV or section 10 of article V of the Constitution of North Dakota.Page No. 3Document Outlinechapter 12.1-12 bribery - unlawful influence of public servants]]>