39-16-106 - Exceptions and defenses.
39-16-106. Exceptions and defenses.
(a) It is an exception to the application of §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved is a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled.
(b) It is a defense to prosecution under §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved was:
(1) A trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official impartiality; or
(2) A lawful contribution made for the political campaign of an elective public servant when the public servant is a candidate for nomination or election to public office.
[Acts 1989, ch. 591, § 1.]