1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:
Terms Used In North Dakota Code 12.1-12-01
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
- arrest: Taking physical custody of a person by lawful authority.
- contract: A legal written agreement that becomes binding when signed.
- felony: A crime carrying a penalty of more than a year in prison.
- jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Official action: includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Public servant: as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function, but the term does not include witnesses. See North Dakota Code 12.1-01-04
- thing of pecuniary value: means a thing of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient. See North Dakota Code 12.1-01-04
a. The recipient’s official action as a public servant; or
b. The recipient’s violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
3. A prima facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered, given, or agreed to be given by, or solicited, accepted, or agreed to be accepted from, a person having an interest in an imminent or pending: a. examination, investigation, arrest, or judicial or administrative proceeding; or b. bid, contract, claim, or application, and that interest could be affected by the recipient’s performance or nonperformance of his official action or violation of his known legal duty as a public servant.