New York State - Penal - PEN - Part 3 - Title L - Article 200
ARTICLE 200 BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES Section 200.00 Bribery in the third degree.
200.03 Bribery in the second degree.
200.04 Bribery in the first degree.
200.05 Bribery; defense.
200.10 Bribe receiving in the third degree.
200.11 Bribe receiving in the second degree.
200.12 Bribe receiving in the first degree.
200.15 Bribe receiving; no defense.
200.20 Rewarding official misconduct in the second degree.
200.22 Rewarding official misconduct in the first degree.
200.25 Receiving reward for official misconduct in the second degree.
200.27 Receiving reward for official misconduct in the first degree.
200.30 Giving unlawful gratuities.
200.35 Receiving unlawful gratuities.
200.40 Bribe giving and bribe receiving for public office; definition of term.
200.45 Bribe giving for public office.
200.50 Bribe receiving for public office.
200.55 Impairing the integrity of a government licensing examination.
200.56 Corrupt use of position or authority.
§ 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the third degree is a class D felony.
§ 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued in excess of five thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the second degree is a class C felony.
§ 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when the person confers, or offers or agrees to confer: (1) any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of this part or an attempt to commit any such class A felony; or (2) any benefit valued in excess of one hundred thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the first degree is a class B felony.
§ 200.05 Bribery; defense.
In any prosecution for bribery, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the public servant involved as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
§ 200.10 Bribe receiving in the third degree.
A public servant is guilty of bribe receiving in the third degree when he or she solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the third degree is a class D felony.
§ 200.11 Bribe receiving in the second degree.
A public servant is guilty of bribe receiving in the second degree when he or she solicits, accepts or agrees to accept any benefit valued in excess of five thousand dollars from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the second degree is a class C felony.
§ 200.12 Bribe receiving in the first degree.
A public servant is guilty of bribe receiving in the first degree when he or she solicits, accepts or agrees to accept: (a) any benefit from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of this part or an attempt to commit any such class A felony; or (b) any benefit valued in excess of one hundred thousand dollars from another person upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the first degree is a class B felony.
§ 200.15 Bribe receiving; no defense.
1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes.
2. It is no defense to a prosecution pursuant to the provisions of this article that the public servant did not have power or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given.
§ 200.20 Rewarding official misconduct in the second degree.
A person is guilty of rewarding official misconduct in the second degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant.
Rewarding official misconduct in the second degree is a class E felony.
§ 200.22 Rewarding official misconduct in the first degree.
A person is guilty of rewarding official misconduct in the first degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Rewarding official misconduct in the first degree is a class C felony.
§ 200.25 Receiving reward for official misconduct in the second degree.
A public servant is guilty of receiving reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant.
Receiving reward for official misconduct in the second degree is a class E felony.
§ 200.27 Receiving reward for official misconduct in the first degree.
A public servant is guilty of receiving reward for official misconduct in the first degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Receiving reward for official misconduct in the first degree is a class C felony.
§ 200.30 Giving unlawful gratuities.
A person is guilty of giving unlawful gratuities when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
§ 200.35 Receiving unlawful gratuities.
A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
§ 200.40 Bribe giving and bribe receiving for public office; definition of term.
As used in sections 200.45 and 200.50, "party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise.
§ 200.45 Bribe giving for public office.
A person is guilty of bribe giving for public office when he confers, or offers or agrees to confer, any money or other property upon a public servant or a party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe giving for public office is a class D felony.
§ 200.50 Bribe receiving for public office.
A public servant or a party officer is guilty of bribe receiving for public office when he solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe receiving for public office is a class D felony.
§ 200.55 Impairing the integrity of a government licensing examination.
A person is guilty of impairing the integrity of a government licensing examination when, with intent to obtain a benefit for himself or herself, or for another person, he or she:
1. Wrongfully alters or changes an applicant's grade on a government licensing examination; or
2. Causes any false or inaccurate grade to be entered into a government licensing registry; or
3. Provides answers, with an intent to wrongfully benefit another, to current questions on a pending government licensing examination; or
4. Wrongfully provides a copy of a current test used to determine competence in a licensed profession, trade, craft or other vocation.
Impairing the integrity of a government licensing examination is a class D felony.
§ 200.56 Corrupt use of position or authority.
A person is guilty of corrupt use of position or authority if such person:
1. While holding public office, or being nominated or seeking a nomination therefor, corruptly uses or promises to use, directly, or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration; or
2. Being a public officer or employee of the state or a political subdivision having, or claiming to have, any authority or influence affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employee, corruptly promises or threatens to use any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employee, or on account of the vote or political action of such officer or employee; or
3. Corruptly makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof; or
4. Corruptly makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein, or exemption from removal or discharge therefrom.
Corrupt use of position or authority is a class E felony.
200.03 Bribery in the second degree.
200.04 Bribery in the first degree.
200.05 Bribery; defense.
200.10 Bribe receiving in the third degree.
200.11 Bribe receiving in the second degree.
200.12 Bribe receiving in the first degree.
200.15 Bribe receiving; no defense.
200.20 Rewarding official misconduct in the second degree.
200.22 Rewarding official misconduct in the first degree.
200.25 Receiving reward for official misconduct in the second degree.
200.27 Receiving reward for official misconduct in the first degree.
200.30 Giving unlawful gratuities.
200.35 Receiving unlawful gratuities.
200.40 Bribe giving and bribe receiving for public office; definition of term.
200.45 Bribe giving for public office.
200.50 Bribe receiving for public office.
200.55 Impairing the integrity of a government licensing examination.
200.56 Corrupt use of position or authority.
§ 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the third degree is a class D felony.
§ 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued in excess of five thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the second degree is a class C felony.
§ 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when the person confers, or offers or agrees to confer: (1) any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of this part or an attempt to commit any such class A felony; or (2) any benefit valued in excess of one hundred thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the first degree is a class B felony.
§ 200.05 Bribery; defense.
In any prosecution for bribery, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the public servant involved as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
§ 200.10 Bribe receiving in the third degree.
A public servant is guilty of bribe receiving in the third degree when he or she solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the third degree is a class D felony.
§ 200.11 Bribe receiving in the second degree.
A public servant is guilty of bribe receiving in the second degree when he or she solicits, accepts or agrees to accept any benefit valued in excess of five thousand dollars from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the second degree is a class C felony.
§ 200.12 Bribe receiving in the first degree.
A public servant is guilty of bribe receiving in the first degree when he or she solicits, accepts or agrees to accept: (a) any benefit from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of this part or an attempt to commit any such class A felony; or (b) any benefit valued in excess of one hundred thousand dollars from another person upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the first degree is a class B felony.
§ 200.15 Bribe receiving; no defense.
1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes.
2. It is no defense to a prosecution pursuant to the provisions of this article that the public servant did not have power or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given.
§ 200.20 Rewarding official misconduct in the second degree.
A person is guilty of rewarding official misconduct in the second degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant.
Rewarding official misconduct in the second degree is a class E felony.
§ 200.22 Rewarding official misconduct in the first degree.
A person is guilty of rewarding official misconduct in the first degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Rewarding official misconduct in the first degree is a class C felony.
§ 200.25 Receiving reward for official misconduct in the second degree.
A public servant is guilty of receiving reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant.
Receiving reward for official misconduct in the second degree is a class E felony.
§ 200.27 Receiving reward for official misconduct in the first degree.
A public servant is guilty of receiving reward for official misconduct in the first degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Receiving reward for official misconduct in the first degree is a class C felony.
§ 200.30 Giving unlawful gratuities.
A person is guilty of giving unlawful gratuities when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
§ 200.35 Receiving unlawful gratuities.
A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
§ 200.40 Bribe giving and bribe receiving for public office; definition of term.
As used in sections 200.45 and 200.50, "party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise.
§ 200.45 Bribe giving for public office.
A person is guilty of bribe giving for public office when he confers, or offers or agrees to confer, any money or other property upon a public servant or a party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe giving for public office is a class D felony.
§ 200.50 Bribe receiving for public office.
A public servant or a party officer is guilty of bribe receiving for public office when he solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe receiving for public office is a class D felony.
§ 200.55 Impairing the integrity of a government licensing examination.
A person is guilty of impairing the integrity of a government licensing examination when, with intent to obtain a benefit for himself or herself, or for another person, he or she:
1. Wrongfully alters or changes an applicant's grade on a government licensing examination; or
2. Causes any false or inaccurate grade to be entered into a government licensing registry; or
3. Provides answers, with an intent to wrongfully benefit another, to current questions on a pending government licensing examination; or
4. Wrongfully provides a copy of a current test used to determine competence in a licensed profession, trade, craft or other vocation.
Impairing the integrity of a government licensing examination is a class D felony.
§ 200.56 Corrupt use of position or authority.
A person is guilty of corrupt use of position or authority if such person:
1. While holding public office, or being nominated or seeking a nomination therefor, corruptly uses or promises to use, directly, or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration; or
2. Being a public officer or employee of the state or a political subdivision having, or claiming to have, any authority or influence affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employee, corruptly promises or threatens to use any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employee, or on account of the vote or political action of such officer or employee; or
3. Corruptly makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof; or
4. Corruptly makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein, or exemption from removal or discharge therefrom.
Corrupt use of position or authority is a class E felony.
