4.416 — CORRUPTION

Violations of "Statute 4.416" results in a Class C Felony

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(a) Definitions

Corruption refers to the act of a public official or government employee abusing their position of power for personal gain, typically involving bribery, embezzlement, or other forms of unethical conduct in the performance of their official duties. This can include actions that deliberately influence decisions, manipulate public resources, or facilitate illegal activities to benefit oneself or others.

(b) Elements

To establish the offense of corruption, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant is a public official, government employee, or a person in a position of public trust.

2. The defendant knowingly and willfully engaged in conduct that sought to influence or alter official actions for personal gain, either directly or indirectly.

3. The defendant's actions involved the misuse of public office, resources, or authority in a manner that violated legal or ethical standards.

(c) Defenses

Defenses against a charge of corruption may include:

• The defendant did not act with the intent to benefit personally or another party through their official position.

• The defendant’s conduct was in accordance with the lawful duties of their position, and any financial dealings were properly disclosed.

• The defendant lacked knowledge that their actions were improper or violated legal standards.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The amount of financial gain derived from the corrupt act.

• The defendant's position of power and the extent to which the public or an institution was harmed.

• The involvement of multiple individuals or parties in the corrupt scheme.

• The defendant's prior criminal history, especially regarding similar offenses.