Bribery of a Public Official (18 U.S.C. Sec. 201(b)(1)) is a federal crime that involves offering, giving, soliciting, or receiving anything of value with the intent to influence a public official in the performance of their duties. This includes any sort of payment, gift, or other item of value, such as money, goods, services, and promises of future rewards, given with the intent to influence the official's behavior. Public officials covered by this provision include any officer or employee of the United States, a state, or any political subdivision thereof, or any agency of either. There are two main types of Bribery of a Public Official (18 U.S.C. Sec. 201(b)(1)): active bribery and passive bribery. Active bribery occurs when a public official is offered something of value with the intent to influence their official actions or decisions. Passive bribery occurs when a public official accepts something of value, knowing it was intended to influence their official actions or decisions. Both types of bribery are punishable by fines and up to 15 years in prison.
Bribery of a Public Official (18 U.S.C. Sec. 201(b)(1)))
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Penalties for 18 U.S.C. If convicted of bribery of a public official under 18 U.S.C. 201(b), the penalties include up to 15 years in prison and/or a fine of up to three times the monetary amount of the something of value that you offered to the public official.
5.1 Defining Bribery TI defines bribery as: the offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust.
Elements: Proof of bribery requires demonstrating a ?quid pro quo? relationship in which the recipient directly alters behavior in exchange for the gift. Because the relationship does not occur directly enough, campaign donations from corporations or individuals to political candidates do not constitute bribery.
18 U.S. Code § 201 - Bribery of public officials and witnesses.
However, in the United State, bribery of public officials is a criminal act, for both the person offering the bribe, and for the individual who solicits or accepts a bribe. Bribery generally involves giving some item of value, such as a gift or money, in order to gain influence with the recipient.
Section 201(c) prohibits that same public official from accepting the same thing of value, if he does so "for or because of" any official act, and prohibits anyone from giving any such thing to him for such a reason.
Section 201(b) requires that the offender have acted with the intent (as to the giver of a bribe) to influence or (as to the taker of a bribe) to be influenced. Thus, the bribery statute requires proof of an actual or intended quid pro quo: one thing given in exchange for another.
18 U.S.C. § 201 prohibits public officials from accepting bribes or gratuities to influence their Government actions.