A. A person commits commercial bribery if:

Terms Used In Arizona Laws 13-2605

  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 3-1703
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 3-1703
  • Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. See Arizona Laws 1-215
  • Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 3-1703
  • Employee: includes a person employed by an enterprise or an agent or fiduciary of a principal. See Arizona Laws 5-131
  • Employer: includes an enterprise or principal. See Arizona Laws 5-131
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 3-1703

1. Such person confers any benefit on an employee without the consent of such employee’s employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer’s commercial affairs, and the conduct of the employee causes economic loss to the employer.

2. While an employee of an employer such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer’s commercial affairs, and such conduct causes economic loss to the employer or principal.

B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars. Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars but not less than one hundred dollars. Commercial bribery is a class 1 misdemeanor if the value of the benefit is less than one hundred dollars.

C. This section shall not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such person and the employee that such employee engage in conduct which will cause economic loss to his employer, such employee engages in conduct while an employee of his original employer and such conduct causes economic loss to the employer.