(a) It shall be unlawful for any person to solicit, accept or agree to accept, directly or indirectly, a pecuniary benefit for:

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Terms Used In West Virginia Code 61-5A-4

  • 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
  • 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
  • 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) Having engaged in official action as a public servant; or

(2) Having violated a legal duty as a public servant.

(b) It shall also be unlawful for any person to offer, confer or agree to confer, directly or indirectly, a pecuniary benefit, the receipt of which is prohibited by subsection (a) of this section.