4.400 — BRIBERY OF A GOVERNMENT OFFICIAL

Violations of "Statute 4.400" results in a Class E Misdemeanor

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(a) Definitions

"Bribery of a Government Official" occurs when an individual directly or indirectly offers, gives, promises, or agrees to give any money, goods, services, or other benefits to a public official with the intent to influence an official act, decision, or duty.

A "Government Official" includes any elected or appointed official, employee, or agent of any federal, state, or local government entity, including law enforcement officers, judicial officers, and administrative personnel.

(b) Elements

To establish the offense of bribery of a government official, the prosecution must prove beyond a reasonable doubt that:

1. The defendant knowingly offered, gave, or promised something of value;

2. The recipient was a government official acting in an official capacity;

3. The defendant intended to influence the government official’s action, decision, or exercise of discretion; and

4. The act was done willfully and not as part of a lawful transaction, campaign contribution, or legally permitted gratuity.

(c) Defenses

A defendant may assert the following defenses:

• Lack of Intent: The item or benefit was not given with the intent to influence an official act.

• Legitimate Contribution: The transfer of money or goods was a lawful political contribution or gratuity permitted under law.

• Entrapment: The defendant was coerced into offering the bribe by law enforcement or government officials.

(d) Aggravating Factors

The court may impose enhanced penalties if:

• The bribery involved a high-ranking government official or law enforcement officer;

• The bribery influenced a criminal investigation, prosecution, or court proceeding;

• The defendant engaged in repeated or organized bribery schemes;

• The bribery resulted in substantial harm to the public or government integrity.