West Virginia Code 61-5A-3 – Bribery in official and political matters
A person is guilty of bribery under the provisions of this section if he offers, confers or agrees to confer to or upon another, or solicits, accepts or agrees to accept from another, directly or indirectly:
Terms Used In West Virginia Code 61-5A-3
- Benefit: means a gain or advantage, or anything regarded, or which might reasonably be regarded, by the beneficiary as a gain or advantage, including a gain or advantage to any other person. See West Virginia Code 61-5A-2
- Judicial proceeding: means (i) any proceeding before any court or commissioner thereof or justice of the peace, or (ii) any quasi-judicial proceeding before a board, commission or public servant, the outcome of which is required to be based on a record or documentation prescribed by law. See West Virginia Code 61-5A-2
- Official action: means a decision, award of contract, judgment, opinion, report, recommendation, vote, or other exercise of discretion. See West Virginia Code 61-5A-2
- Party official: means (i) a person who holds an office or position in a political party or political party committee, whether by election, appointment or otherwise, by virtue of which he directs or conducts, or participates in directing or conducting party affairs at any level of responsibility (including, but not limited to, a treasurer of a political party committee), or (ii) a committee or any member thereof advancing the interests of any political party or candidate for election to any state, county or local public office (including, but not limited to, a financial agent as that term is now defined in chapter three of this code) or working for or against the approval of a public question by the voters at any election. See West Virginia Code 61-5A-2
- pecuniary benefit: means a benefit in the form of money, tangible or intangible property, commercial interests or anything else the primary significance of which is economic gain. See West Virginia Code 61-5A-2
- Public servant: means any officer (whether executive, judicial, legislative or ministerial, and whether elected or appointed) or employee of the state, or of the state or any county board of education, or of any county or municipality of the state, including without in any way limiting the generality of the foregoing, commissioners of a court, justices of the peace, law-enforcement officers, and any person participating as juror. See West Virginia Code 61-5A-2
(1) Any pecuniary benefit as consideration for the recipient's official action as a public servant or party official; or
(2) Any benefit as consideration for the recipient's official action as a public servant in an administrative or judicial proceeding; or
(3) Any benefit as consideration for a violation of a legal duty as a public servant or party official.
A person is also guilty of bribery under the provisions of this section if he agrees to render or not to render official action as a public servant or party official as consideration for a pecuniary benefit being offered or conferred to or upon, or as consideration for a promise that a pecuniary benefit shall be offered or conferred to or upon, another person or a party official or a political party.