NEW YORK STATE LAWS: BRIBERY

Important Notice: The following information is general in nature and is for GENERAL INFORMATIONAL PURPOSES ONLY. The viewing of the information contained herein does not constitute legal advice, nor does it create or imply an attorney-client relationship. It should be noted that this web site is an Advertisement for legal services and should not be used in any manner to guide you in making legal decisions. You should speak with a qualified attorney when seeking legal advice.

Section (1) BRIBERY NOT INVOLVING PUBLIC SERVANTS, AND RELATED OFFENSES - Suffolk County
Section (2) Bribery Involivng Public Servants /End of Section

Section 180.00 Commercial bribing in the second degree

 A person is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.

 Commercial bribing in the second degree is a class A misdemeanor.
 

Section 180.03 Commercial bribing in the first degree - Suffolk County


 A person is guilty of commercial bribing in the first degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit conferred or offered or agreed to be conferred exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.

 Commercial bribing in the first degree is a class E felony.
 

Section 180.05 Commercial bribe receiving in the second degree - Suffolk County


 An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.

 Commercial bribe receiving in the second degree is a class A misdemeanor.
 

Section 180.08 Commercial bribe receiving in the first degree - Suffolk County
 An employee, agent or fiduciary is guilty of commercial bribe receiving in the first degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit solicited, accepted or agreed to be accepted exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.

 Commercial bribe receiving in the first degree is a class E felony.
 

Section 180.10 Bribery of labor official;  definition of term - Suffolk County


 As used in this article, "labor official" means any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund.
 

Section 180.15 Bribing a labor official - Suffolk County


 A person is guilty of bribing a labor official when, with intent to influence a labor official in respect to any of his acts, decisions or duties as such labor official, he confers, or offers or agrees to confer, any benefit upon him.

 Bribing a labor official is a class D felony.
 

Section 180.20 Bribing a labor official;  defense - Suffolk County


 In any prosecution for bribing a labor official, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the labor official 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.
 

Section 180.25 Bribe receiving by a labor official - Suffolk County


 A labor official is guilty of bribe receiving by a labor official when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions, or duties as such labor official.

 Bribe receiving by a labor official is a class D felony.
 

Section 180.30 Bribe receiving by a labor official;  no defense - Suffolk County


 The crimes of (a) bribe receiving by a labor official, and (b) larceny committed by means of extortion, attempt to commit the same, coercion or attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving by a labor official that, by reason of the same conduct, the defendant also committed one of such other specified crimes.
 

Section 180.35 Sports bribery and tampering;  definitions of terms - Suffolk County


 As used in this article:

 1. "Sports contest" means any professional or amateur sport or athletic game or contest viewed by the public.

 2. "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team.

 3. "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.

 4. "Pari-mutuel betting" is such betting as is authorized under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940 with amendments.

 5. "Pari-mutuel horse race" means any horse race upon which betting is conducted under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940.
 

Section 180.40 Sports bribing - Suffolk County


 A person is guilty of sports bribing when he:

  1. Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest;  or

  2. Confers, or offers or agrees to confer, any benefit upon a sports official with intent to influence him to perform his duties improperly.

 Sports bribing is a class D felony.
 

Section 180.45 Sports bribe receiving - Suffolk County


 A person is guilty of sports bribe receiving when:

  1. Being a sports participant, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest;  or

  2. Being a sports official, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.

 Sports bribe receiving is a class E felony.
 

Section 180.50 Tampering with a sports contest in the second degree - Suffolk County


 A person is guilty of tampering with a sports contest when, with intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official or with any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest.

 Tampering with a sports contest in the second degree is a class A misdemeanor.
 

Section 180.51 Tampering with a sports contest in the first degree - Suffolk County


 A person is guilty of tampering with a sports contest in the first degree when, with intent to influence the outcome of a pari-mutuel horse race:

 1. He affects any equine animal involved in the conduct or operation of a pari-mutuel horse race by administering to the animal in any manner whatsoever any controlled substance listed in section thirty-three hundred six of the public health law;  or

 2. He knowingly enters or furnishes to another person for entry or brings into this state for entry into a pari-mutuel horse race, or rides or drives in any pari-mutuel horse race any running, trotting or pacing horse, mare, gelding, colt or filly under an assumed name, or deceptively out of its proper class, or that has been painted or disguised or represented to be any other or different horse, mare, gelding, colt or filly from that which it actually is;  or

 3. He knowingly and falsely registers with the jockey club, United States trotting association, American quarterhorse association or national steeplechase and hunt association a horse, mare, gelding, colt or filly previously registered under a different name;  or

 4. He agrees with one or more persons to enter such misrepresented or drugged animal in a pari-mutuel horse race.  A person shall not be convicted of a violation of this subdivision unless an overt act is alleged and proved to have been committed by one of said persons in furtherance of said agreement.

 Tampering with a sports contest in the first degree is a class E felony.
 

Section 180.52 Impairing the integrity of a pari-mutuel betting system in the second degree - Suffolk County


 A person is guilty of impairing the integrity of a pari-mutuel betting system in the second degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person he:

 1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting;  or

 2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.

 Impairing the integrity of a pari-mutuel betting system in the second degree is a class E felony.
 

Section 180.53 Impairing the integrity of a pari-mutuel betting system in the first degree - Suffolk County


 A person is guilty of impairing the integrity of a pari-mutuel betting system in the first degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person, and when the value of the payment exceeds one thousand five hundred dollars he:

 1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting;  or

 2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.

 Impairing the integrity of a pari-mutuel betting system in the first degree is a class D felony.
 

Section 180.54 Rent gouging;  definition of term - Suffolk County


 As used in this article, "lawful rental and other lawful charges" means registered, reported or contracted for rent pursuant to chapter four hundred three of the laws of nineteen hundred eighty-three, article two of the private housing finance law or section eight of the federal housing act of nineteen hundred sixty-eight, or, rent contained in a court approved stipulation of settlement, even if such rent or charges are subsequently decreased by order of the department of housing and community renewal or a court of competent jurisdiction.
 

Section 180.55 Rent gouging in the third degree - Suffolk County


 A person is guilty of rent gouging in the third degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, less than two hundred fifty dollars, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.

 Rent gouging in the third degree is a class B misdemeanor.
 

Section 180.56 Rent gouging in the second degree - Suffolk County


 A person is guilty of rent gouging in the second degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, of two hundred fifty dollars or more, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.

 Rent gouging in the second degree is a class A misdemeanor.
 

Section 180.57 Rent gouging in the first degree - Suffolk County


 A person is guilty of rent gouging in the first degree when, in the course of a scheme constituting a systematic ongoing course of conduct in connection with the leasing, rental or use of three or more apartment units, the rental price of which is regulated pursuant to the provisions of federal, state or local law, he solicits, accepts or agrees to accept from one or more persons in three separate transactions some consideration of value, knowing that such consideration is in addition to lawful rental and other lawful charges established pursuant to the provisions of such federal, state or local law, and upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew same, and thereby obtains such consideration from one or more persons.

 Rent gouging in the first degree is a class E felony.



Section (2)
BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES - Suffolk County 

 
Section 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.
 

Section 200.03 Bribery in the second degree - Suffolk County

 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 ten 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.
 

Section 200.04 Bribery in the first degree - Suffolk County

 A person is guilty of bribery in the first 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 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 an attempt to commit any such class A felony.

 Bribery in the first degree is a class B felony.
 

Section 200.05 Bribery;  defense - Suffolk County

 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.
 

Section 200.10 Bribe receiving in the third degree - Suffolk County

 A public servant is guilty of bribe receiving in the third degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his 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.
 

Section 200.11 Bribe receiving in the second degree - Suffolk County

 A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his 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.
 

Section 200.12 Bribe receiving in the first degree - Suffolk County

 A public servant is guilty of bribe receiving in the first degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his 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 the penal law or an attempt to commit any such class A felony.

 Bribe receiving in the first degree is a class B felony.
 

Section 200.15 Bribe receiving;  no defense - Suffolk County

 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.
 

Section 200.20 Rewarding official misconduct in the second degree - Suffolk County

 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.
.

Section 200.22 Rewarding official misconduct in the first degree - Suffolk County

 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.
 

Section 200.25 Receiving reward for official misconduct in the second degree - Suffolk County

 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.
 

Section 200.27 Receiving reward for official misconduct in the first degree - Suffolk County

 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.
 

Section 200.30 Giving unlawful gratuities - Suffolk County

 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.
 

Section 200.35 Receiving unlawful gratuities - Suffolk County

 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.
 

Section 200.40 Bribe giving and bribe receiving for public office;  definition of term - Suffolk County

 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.
 

Section 200.45 Bribe giving for public office - Suffolk County

 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.
 

Section 200.50 Bribe receiving for public office - Suffolk County

 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.

Call
631 · 727 · 6966