4.401 — ACCEPTANCE OF A BRIBE BY A GOVERNMENT OFFICIAL

Violations of "Statute 4.401" results in a Class E Misdemeanor

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(a) Definitions

"Acceptance of a Bribe by a Government Official" occurs when a public official solicits, demands, accepts, or agrees to accept anything of value in exchange for influencing an official action, 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, the prosecution must prove beyond a reasonable doubt that:

1. The defendant was a government official acting in an official capacity;

2. The defendant knowingly solicited, accepted, or agreed to accept a benefit of value;

3. The benefit was given or promised in exchange for influencing an official act; and

4. The act was done willfully and was not a lawful transaction, campaign contribution, or gratuity permitted under law.

(c) Defenses

• Lack of Intent: The benefit was received without an intent to influence an official act.

• Legitimate Transaction: The exchange was part of a legal campaign donation or authorized compensation.

• Entrapment: The official was coerced or induced into the action by law enforcement.

(d) Aggravating Factors

• The bribe influenced a criminal investigation, prosecution, or legislative decision.

• The amount or value of the bribe exceeded a significant threshold.

• The official engaged in a pattern of accepting bribes.