Bribery of a Public Servant Under ARS 13-2602

bribery charges

Bribery of a public servant is a serious crime in Arizona, defined under Arizona Revised Statute 13-2602.

 

This offense occurs when someone offers, confers, or agrees to confer any benefit to a public servant with the intent to influence their official actions. It also includes cases where a public servant solicits or accepts such benefits.

 

Bribery charges can lead to felony convictions and significant legal consequences. Josh Kolsrud, at Kolsrud Law, has extensive experience in defending clients against such charges, providing skilled legal representation to protect your rights. Contact Kolsrud Law for assistance.

Understanding Arizona Revised Statute 13-2602

Arizona Revised Statute 13-2602 defines the offense of bribery involving public servants or party officers. The statute outlines two primary ways in which bribery can occur:

 

  1. Offering Bribes: A person commits bribery if they offer, confer, or agree to confer any benefit to a public servant or party officer with the intent to influence their actions, such as their vote, opinion, judgment, or discretion in their official capacity.

  2. Accepting Bribes: Similarly, a public servant or party officer commits bribery if they solicit, accept, or agree to accept any benefit under the understanding that their official actions, such as their vote, opinion, judgment, or discretion, may be influenced as a result.

The statute further clarifies that it is not a defense if the person sought to be influenced was not qualified to act in the desired way, whether due to not having assumed office, lacking jurisdiction, or other reasons. This ensures that attempts to bribe are punishable regardless of the qualifications or status of the public servant or party officer involved.

 

Bribery of a public servant or party officer is classified as a Class 4 felony under ARS 13-2602, carrying significant legal consequences including potential imprisonment and fines.

arizona public servants

Who is Considered a Public Servant or Party Officer?

In Arizona, a public servant includes anyone who holds an official position within the government, such as elected officials, government employees, legislators, judges, and law enforcement officers.

 

A party officer extends to individuals involved in political parties, such as committee members, delegates, or anyone with authority within a political organization.

 

For further details, refer to the Arizona Revised Statutes 13-2601.

What Actions Could Be Considered Bribery?

Bribery can manifest in various everyday scenarios, involving both subtle and blatant attempts to influence public officials or party officers.

 

Here are some common examples:

 

  1. Cash Payments: Offering a government official money to expedite a permit or overlook a violation is a straightforward example of bribery. For instance, a business owner might offer a building inspector cash to ignore building code violations.

  2. Gifts and Favors: Providing gifts, such as expensive items, vacations, or services, to a public servant in exchange for favorable treatment. For example, a contractor might give a city council member free tickets to a major sports event in return for support on a public project bid.

  3. Promising Future Benefits: Promises of future employment or other benefits can also constitute bribery. For example, a company might offer a job to a regulatory official's relative in exchange for lenient oversight.

  4. Business Deals: Entering into business arrangements that disproportionately benefit a public official or their associates, aiming to influence their official actions. An example would be a developer offering a lucrative business partnership to a city planner to get favorable zoning decisions.

  5. Concealed Transactions: Using third parties or indirect means to offer benefits, such as through donations to a charity favored by the public servant, can also be considered bribery if the intent is to influence their official actions.

It is important to recognize that bribery does not only involve large sums of money or overt actions; even small gestures or promises can be construed as attempts to influence a public servant's official duties.

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What is Commercial Bribery?

Commercial bribery involves the exchange of benefits to influence the actions of individuals within private or commercial settings, rather than public or government officials.

 

This type of bribery typically occurs in business environments and can involve employees, agents, or representatives who are offered or receive inducements to act in a way that breaches their duty of loyalty to their employer.

 

Under Arizona law, as outlined in ARS 13-2605, commercial bribery is treated as a criminal offense. Examples include a company's procurement officer accepting kickbacks from a supplier in exchange for awarding a contract or an employee receiving gifts from a competitor in return for confidential business information.

Can Bribery Be a Federal Offense?

Yes, bribery can indeed be a federal offense under certain circumstances. When bribery involves federal officials, crosses state lines, or affects federal programs or contracts, it falls under federal jurisdiction.

 

The federal statutes governing bribery are broad and cover a wide range of conduct, including bribery of federal public officials, employees, or any individual acting on behalf of the United States government.

 

Conviction for federal bribery offenses can lead to severe penalties, including significant fines and lengthy prison sentences. Additionally, federal prosecution often involves enhanced resources and investigative powers, making these charges particularly serious. 

Frequently Asked Questions: Bribery Charges

  • What constitutes offering a benefit upon a public servant?

    • Offering a benefit upon a public servant involves providing anything of value, such as money, gifts, or services, to influence their official actions or decisions. This is often done with the intent to gain favor or preferential treatment in the public servant's capacity.

  • What is the role of intent in a bribery charge?

    • The intent to influence the public servant's actions is a critical element in a bribery charge. It means that the person offering the bribe does so with the specific purpose of affecting the public servant's judgment, discretion, or other official duties.

  • Can a party officer be influenced in the same way as a public servant?

    • Yes, both public servants and party officers can be influenced by bribery. The law considers it an offense if a person confers any benefit upon them with the intent to influence their actions in their official capacity as public servants or party officers.

  • What does it mean to act in an official capacity as a public servant?

    • Acting in an official capacity means performing duties or making decisions that fall within the scope of one's public office. Bribery charges often involve actions taken in this capacity, such as voting on legislation or awarding contracts.

  • Is accepting a benefit upon an agreement or understanding a crime?

    • Yes, it is a crime for a public servant or party officer to accept any benefit upon an agreement or understanding that their official actions may be influenced. This includes any arrangement where their vote, judgment, or discretion might be affected.

  • What defenses can be raised against a bribery charge under the criminal code?

    • A defense lawyer might argue that the person sought to be influenced was not in a position to act in the desired way because the person had not yet assumed office or lacked the jurisdiction. However, under the criminal code, it is not a defense to a prosecution under this section if the person was not yet qualified to act.

  • What are the penalties for bribery in the state of Arizona?

    • Bribery is typically charged as a Class 4 felony in Arizona, but certain cases may be classified differently, such as a Class 5 felony, depending on the circumstances. Penalties can include imprisonment, fines, and a permanent criminal record.

  • How does commercial bribery differ from public servant bribery?

    • Commercial bribery involves influencing individuals in private business sectors, while public servant bribery concerns actions taken in an official capacity as a public servant or party officer. Both are serious offenses but occur in different contexts.

  • What should you do if facing a bribery charge?

    • If facing a bribery charge, it is crucial to seek immediate legal assistance from a qualified criminal defense lawyer. A defense lawyer can help you understand the charges, explore potential defenses, and guide you through the legal process.

  • Can a person be charged with bribery if the public servant was unaware of the offer?

    • Yes, even if the public servant was unaware of the offer or benefit, the person offering the bribe can still be charged. The law targets the intent and action of the person offering the bribe, regardless of the recipient's awareness.

Contact a Federal Defense Attorney from Kolsrud Law

If you're facing bribery charges or any other federal offense, it's crucial to have an experienced attorney by your side. Josh Kolsrud, the founder of Kolsrud Law, offers extensive expertise in federal criminal defense.

 

A native Phoenician, Josh graduated summa cum laude from Arizona State University’s Barrett Honors College and earned his Juris Doctor from the University of Miami School of Law. With over 3,500 cases and 100 jury trials under his belt, including years spent at the Maricopa County Attorney’s Office, Josh has the skills and knowledge to defend your rights effectively.

 

Contact Josh Kolsrud at Kolsrud Law Offices at (480) 999-9444 for personalized legal assistance.

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