New York State Law

Penal Law

A Digest of New York's Criminal Code and Related Laws

Article 200 - NY Penal Law

BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES

S 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.

S 200.03 Bribery in the second degree.
  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.

S 200.04 Bribery in the first degree.
  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.

S 200.05 Bribery; defense.
  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.

S 200.10 Bribe receiving in the third degree.
  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.

S 200.11 Bribe receiving in the second degree.
  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.
  
S 200.12 Bribe receiving in the first degree.
  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.

S 200.15 Bribe receiving; no defense.
  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.

S 200.20 Rewarding official misconduct in the second degree.
  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.

S 200.22 Rewarding official misconduct in the first degree.
  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.

S 200.25 Receiving reward for official misconduct in the second degree.
  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.

S 200.27 Receiving reward for official misconduct in the first degree.
  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.

S 200.30 Giving unlawful gratuities.
  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.

S 200.35 Receiving unlawful gratuities.
  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.

S 200.40 Bribe giving and bribe receiving for public office; definition of term.
  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.

S 200.45 Bribe giving for public office.
  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.

S 200.50 Bribe receiving for public office.
  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.

S 200.55 Impairing the integrity of a government licensing examination.
  A person  is  guilty  of  impairing  the  integrity  of  a  government
licensing  examination when, with intent to obtain a benefit for himself
or herself, or for another person, he or she:
  1.  Wrongfully  alters or changes an applicant's grade on a government
licensing examination; or
  2. Causes  any  false  or  inaccurate  grade  to  be  entered  into  a
government licensing registry; or
  3.  Provides answers, with an intent to wrongfully benefit another, to
current questions on a pending government licensing examination; or
  4. Wrongfully provides a copy of a  current  test  used  to  determine
competence in a licensed profession, trade, craft or other vocation.
  Impairing  the  integrity  of  a government licensing examination is a
class D felony.
  Impairing the integrity of a government licensing examination is a class D felony.

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