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Article 180 - NY Penal Law

BRIBERY NOT INVOLVING PUBLIC SERVANTS, AND RELATED OFFENSES

Section Offense Class
180.00 Commercial bribing in the second degree. A MISD
180.03 Commercial bribing in the first degree. E FELONY
180.05 Commercial bribe receiving in the second degree. A MISD
180.08 Commercial bribe receiving in the first degree. E FELONY
180.10 Bribery of labor official; definition of term.  
180.15 Bribing a labor official. D FELONY
180.20 Bribing a labor official; defense.  
180.25 Bribe receiving by a labor official. D FELONY
180.30 Bribe receiving by a labor official; no defense.  
180.35 Sports bribery and tampering; definitions of terms.  
180.40 Sports bribing. D FELONY
180.45 Sports bribe receiving. E FELONY
180.50 Tampering with a sports contest in the second degree. A MISD
180.51 Tampering with a sports contest in the first degree. E FELONY
180.52 Impairing the integrity of a pari-mutuel betting system in the second degree. E FELONY
180.53 Impairing the integrity of a pari-mutuel betting system in the first degree. D FELONY
180.54 Rent gouging; definition of term.  
180.55 Rent gouging in the third degree. B MISD
180.56 Rent gouging in the second degree. A MISD
180.57 Rent gouging in the first degree. E FELONY
S 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.

S 180.03 Commercial bribing in the first degree.
  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.

S 180.05 Commercial bribe receiving in the second degree.
  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.

S 180.08 Commercial bribe receiving in the first degree.
  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.

S 180.10 Bribery of labor official; definition of term.
  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.

S 180.15 Bribing a labor official.
  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.

S 180.20 Bribing a labor official; defense.
  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.

S 180.25 Bribe receiving by a labor official.
  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.

S 180.30 Bribe receiving by a labor official; no defense.
  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.

S 180.35 Sports bribery and tampering; definitions of terms.
  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.

S 180.40 Sports bribing.
  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.

S 180.45 Sports bribe receiving.
  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.

S 180.50 Tampering with a sports contest in the second degree.
  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.

S 180.51 Tampering with a sports contest in the first degree.
  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.

S 180.52 Impairing the integrity of a pari-mutuel betting system in the
         second degree.
  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.

S 180.53 Impairing the integrity of a pari-mutuel betting system in
         the first degree.
  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.

S 180.54 Rent gouging; definition of term.
  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.

S 180.55 Rent gouging in the third degree.
  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.

S 180.56 Rent gouging in the second degree.
  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.

S 180.57 Rent gouging in the first degree.
  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.

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