Bribery of a Public Servant: Understanding the Law and Its Consequences
Corruption in the public sector is a serious offense and is considered a criminal act in most countries. Bribery of a public servant is a common form of corruption that involves offering money or any other benefit to a public official in return for favorable treatment or decisions. In Arizona, bribery of a public servant is taken as a serious offense and is punishable by law.
Understanding Arizona Revised Statute 13-2602
The Arizona Revised Statute 13-2602 defines bribery as the act of knowingly offering, soliciting, or accepting a benefit in exchange for the performance, non-performance, or delay of an official duty by a public servant. The statute covers several categories of public servants, including elected officials, government employees, members of commissions, and judges.
Under the statute, bribery involves offering or soliciting anything of value, including money, gifts, or other benefits, to influence an official decision. Even indirect offers or hints could be considered as bribery under this law. Any attempt to bribe a public servant, even if the attempt is unsuccessful, is considered a criminal offense.
Who is Considered a Public Servant or Party Officer?
Arizona Revised Statute 13-2601 defines public servants as individuals employed by the state, counties, municipalities, or other government agencies, including elected and appointed officials, judges, magistrates, and court commissioners. Public officers, on the other hand, are individuals running for office, have been nominated for office, or have been elected or appointed to hold a public office.
What Actions Could Be Considered Bribery?
Bribery includes offering or giving any benefit to a public servant, with the intent to influence any official act by the public servant. A public servant could also be charged with bribery if they accept any benefit with the intention of being influenced to perform an official act in favor of the person giving the benefit. The following are some examples of actions that could be considered as bribery under Arizona law:
- Offering or accepting gifts, money, or any other benefit with the intention of influencing an official decision.
- Offering or accepting gifts, money, or any other benefit with the intention of obtaining confidential information or privileged access.
- Offering or accepting a gift, money, or any other benefit to avoid taking an official action or to perform a non-official action.
What is Commercial Bribery?
In addition to bribery of a public servant, Arizona law also covers commercial bribery. Commercial bribery is defined as offering something of value to a private party in exchange for favorable treatment or decisions. This could include offering money or gifts to an employee of a private company to obtain confidential information or to gain an unfair advantage over competitors.
Can Bribery Be a Federal Offense?
Yes. Bribery of a public servant could be a federal offense if it involves a federal public official or if it affects interstate commerce. Federal law prohibits the acceptance or offering of a bribe to or by any federal public official, including members of Congress, government contractors, and federal employees.
Frequently Asked Questions: Bribery Charges
Here are some frequently asked questions on the subject of bribery charges:
What are the penalties for bribery of a public servant in Arizona?
The penalties for bribery of a public servant vary depending on the nature and severity of the offense. In Arizona, the offense is classified as a class 4 felony, which could result in a prison term of up to 3.75 years and a fine of up to $150,000.
Can an attempt to bribe a public servant be considered as an offense under Arizona law?
Yes. Under Arizona law, an attempt to commit bribery is punishable by the same penalties as the act itself. Under the law, an attempt to bribe could be considered a class 5 felony.
What are the possible defenses against bribery charges?
Defenses against bribery charges could vary depending on the circumstances of the case. However, some common defenses against bribery charges include lack of intent, entrapment, duress, and coercion.
Contact a Federal Defense Attorney from Kolsrud Law
If you or someone you know is facing bribery charges in Arizona, it is crucial to seek legal representation from a reputable and experienced federal defense attorney. At Kolsrud Law Offices, we have decades of experience in defending clients against federal charges, including bribery of a public servant. Contact us today for a free consultation and to learn more about how we can help you fight these serious charges.
For more information, please visit Bribery of a Public Servant Under ARS 13-2602.
