Chapter 11 of the United States Code defines bribery as any act in which a person directly or indirectly gives, offers, or promises anything of value to a public official in order to influence any official act. Precedent has shown that the individual in question does not need to be an elected official at the time of the offense: they can be a candidate or an officeholder-elect. Bribery becomes a federal crime most commonly when the individual who is the target of bribery is a federal official. This includes both elected and appointed public officials.
Bribery Laws
Federal bribery laws are intended to protect the integrity of the democratic process from the influence of criminal activity. Bribery is often prosecuted as part of a larger fraud or corruption case since, as a general rule, bribery requires the collusion of the official who is bribed. Although some federal bribery investigations have required officials to seem to accept bribes in order to pursue evidence for prosecution, this is not usually the case.
Bribery Crimes & Charges
Federal bribery laws recognize a variety of different individual acts of bribery. Speaking broadly, any individual who plans to give an elected official any item of value in order to gain an illicit advantage in any official matter may be prosecuted for bribery. However, there are several different types of bribery which may influence the prosecution and sentencing:
- Bribery to Influence Official Testimony: This includes the giving or demanding of bribes to influence testimony under official oath, which may also include charges of perjury, contempt of court, and related offenses.
- Bribery for Performance of Public Duty: This involves bribery or the demand of bribery for the performance of a public duty, potentially leading to charges of public corruption, conspiracy, and other related crimes.
- Bribery to Secure Witness Testimony: This type of bribery is aimed at securing testimony from a witness, distinct from other forms of testimony taken under oath.
Bribery Punishment
Both the party who engages in bribery and the party that accepts a bribe may be punished under federal bribery laws. Any bribery that relates to the activities of a court of law may also include charges of obstruction of justice. States often have laws prohibiting bribery, but a federal bribery case may stem from crossing state boundaries in order to commit bribery, as well as attempting to bribe public officials at the federal level. Punishment for bribery includes fines as well as imprisonment.
Bribery Sentencing Guidelines
The fine attached to the charge of bribery is generally related to the amount of the bribe. In most cases, including federal cases, the fine will not exceed the value of the bribe. In addition to this fine, 18 USCS § 201(b) allows for up to fifteen years of imprisonment as well as disqualification from holding public office. Federal judges and grand juries may use their discretion to the maximum extent permitted by law to determine whether those involved in bribery should be disqualified from office-holding in the future.
Bribery Statute of Limitations
Federal crimes are covered by 18 USC 3282, which states nobody may be tried, prosecuted, or face any punishment for any noncapital offense unless the indictment is found or information is instituted within five years of the commission of the offense. If the alleged act of bribery was not compounded with capital federal crimes, including violent offenses such as murder, then it may be possible for the statute of limitations to expire without prosecution.
Notable Bribery Cases
Bribery cases occur frequently in the United States and around the world. Some notable cases involving federal officials include:
- Malcolm A. Smith and Daniel J. Halloran III (2013): In April 2013, New York State Senator Malcolm A. Smith was arrested by federal authorities along with City Councilman Daniel J. Halloran III, a Democrat and a Republican respectively. The two were suspected of taking and paying bribes in order to get Smith onto the New York City mayoral ballot. This case highlighted the bipartisan nature of corruption and the lengths to which individuals would go to secure political power【source: The New York Times】.
- San Diego Councilmen (2003): In one of the most important cases for understanding the legal differences between donations and bribes, three San Diego councilmen pled “not guilty” in 2003 to federal corruption charges stemming from allegedly receiving campaign contributions from a nightclub owner after agreeing to work toward the repeal of the city’s “no touch” law, which prohibits certain activities at nude entertainment venues. This case drew significant attention to the blurred lines between legitimate campaign contributions and illicit bribes【source: Los Angeles Times】.
- Operation Greylord (1980s): One of the most extensive undercover investigations into judicial corruption, Operation Greylord, led to the conviction of 17 judges, 48 lawyers, 10 law enforcement officers, and other court officials in Cook County, Illinois. The operation uncovered a deeply entrenched system of bribery and corruption within the Chicago judiciary, highlighting the systemic nature of corruption in some local governments.
- Operation Ill Wind (1980s): This major investigation into corruption within the U.S. Department of Defense resulted in more than 60 convictions, including top Pentagon officials, defense contractors, and consultants. The case exposed widespread bribery and fraud in the defense contracting process, leading to significant reforms in how defense contracts were awarded and monitored.
These cases illustrate the pervasive nature of bribery and corruption in various levels of government and underscore the ongoing efforts to combat these illegal activities.
Bribery Laws By State
Bribery involves offering, giving, receiving, or soliciting something of value as a means of influencing the actions of an official or other person in a position of power. The laws and penalties for bribery vary by state:
Under Code of Alabama Section 13A-10-61:
- Bribery is considered a Class C felony, punishable by 1 to 10 years in prison and fines up to $15,000.
Under Alaska Stat. Section 11.56.100:
- Bribery is a Class B felony, with penalties including up to 10 years in prison and fines up to $100,000.
Under Arizona Revised Statutes Section 13-2602:
- Bribery is a Class 4 felony, punishable by 1 to 3.75 years in prison and fines up to $150,000.
Under Arkansas Code Section 5-52-101:
- Bribery is a Class D felony, punishable by up to 6 years in prison and fines up to $10,000.
Under California Penal Code Section 67:
- Bribery can be charged as either a misdemeanor or felony, with penalties including up to 4 years in state prison and fines.
Under Colorado Revised Statutes Section 18-8-302:
- Bribery is a Class 3 felony, punishable by 4 to 12 years in prison and fines up to $750,000.
Under Connecticut General Statutes Section 53a-147:
- Bribery is considered a Class C felony, punishable by 1 to 10 years in prison and fines up to $10,000.
Under Delaware Code Title 11, Section 1201:
- Bribery is a Class E felony, with a potential sentence of up to 5 years in prison.
Under Florida Statutes Section 838.015:
- Bribery is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
Under Georgia Code Section 16-10-2:
- Bribery is a felony, with penalties up to 20 years in prison or a minimum of 1 year.
Under Hawaii Revised Statutes Section 710-1040:
- Bribery is a Class B felony, which includes a potential 10-year prison sentence and fines up to $25,000.
Under Idaho Code Section 18-1352:
- Bribery is a felony, punishable by up to 14 years in prison and fines up to $50,000.
Under Illinois Compiled Statutes 720 ILCS 5/33-1:
- Bribery is a Class 2 felony, with penalties of 3 to 7 years in prison and fines up to $25,000.
Under Indiana Code Section 35-44.1-1-2:
- Bribery is a Level 5 felony, punishable by 1 to 6 years in prison and fines up to $10,000.
Under Iowa Code Section 722.1:
- Bribery is a Class C felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Kansas Statutes Section 21-6001:
- Bribery is a severity level 7 nonperson felony, which could result in 11 to 34 months in prison.
Under Kentucky Revised Statutes Section 521.020:
- Bribery is a Class C felony, punishable by 5 to 10 years in prison and fines up to $10,000.
Under Louisiana Revised Statutes Section 14:118:
- Bribery is a felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Maine Revised Statutes Title 17-A, Section 602:
- Bribery is a Class C crime, punishable by up to 5 years in prison and fines up to $5,000.
Under Maryland Code, Criminal Law Section 9-201:
- Bribery is a felony, punishable by up to 12 years in prison and fines up to $5,000.
Under Massachusetts General Laws Chapter 268A, Section 2:
- Bribery is punishable by up to 5 years in state prison or up to 2.5 years in jail and fines up to $100,000.
Under Michigan Compiled Laws Section 750.117:
- Bribery is a felony, with a maximum penalty of 10 years in prison and fines up to $5,000.
Under Minnesota Statutes Section 609.42:
- Bribery is a felony, punishable by up to 10 years in prison and fines up to $20,000.
Under Mississippi Code Section 97-11-11:
- Bribery is punishable by up to 10 years in prison and fines up to $10,000.
Under Missouri Revised Statutes Section 576.010:
- Bribery is a Class C felony, punishable by up to 7 years in prison and fines up to $5,000.
Under Montana Code Annotated Section 45-7-101:
- Bribery is punishable by up to 10 years in prison and fines up to $50,000.
Under Nebraska Revised Statutes Section 28-917:
- Bribery is a Class III felony, with a penalty of up to 4 years in prison and fines up to $25,000.
Under Nevada Revised Statutes Section 197.040:
- Bribery is punishable by up to 4 years in prison and fines up to $5,000.
Under New Hampshire Revised Statutes Section 640:2:
- Bribery is a Class B felony, punishable by up to 7 years in prison and fines.
Under New Jersey Statutes Section 2C:27-2:
- Bribery is considered a second-degree crime, with a typical sentence range of 5 to 10 years in prison and fines up to $150,000.
Under New Mexico Statutes Section 30-24-1:
- Bribery is a third-degree felony, punishable by up to 3 years in prison and fines up to $5,000.
Under New York Penal Law Section 200.00:
- Bribery is a Class D felony, punishable by up to 7 years in prison and fines up to $5,000 or double the amount of the bribe.
Under North Carolina General Statutes Section 14-217:
- Bribery is a Class F felony, punishable by 10 to 41 months in prison and fines determined by the court.
Under North Dakota Century Code Section 12.1-12-01:
- Bribery is a Class C felony, with a penalty of up to 5 years in prison and fines up to $10,000.
Under Ohio Revised Code Section 2921.02:
- Bribery is a third-degree felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Oklahoma Statutes Title 21, Section 381:
- Bribery is punishable by up to 10 years in prison and fines up to $5,000.
Under Oregon Revised Statutes Section 162.015:
- Bribery is a Class B felony, which can result in up to 10 years in prison and fines up to $250,000.
Under Pennsylvania Consolidated Statutes Title 18, Section 4701:
- Bribery is a third-degree felony, with penalties including a maximum of 7 years in prison and fines up to $15,000.
Under Rhode Island General Laws Section 11-7-3:
- Bribery can result in up to 7 years in prison and fines up to $10,000.
Under South Carolina Code Section 16-9-210:
- Bribery is punishable by up to 10 years in prison and fines at the discretion of the court.
Under South Dakota Codified Laws Section 22-12A-1:
- Bribery is a Class 4 felony, punishable by up to 10 years in prison and fines up to $20,000.
Under Tennessee Code Annotated Section 39-16-102:
- Bribery is a Class C felony, punishable by 3 to 15 years in prison and fines up to $10,000.
Under Texas Penal Code Section 36.02:
- Bribery is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
Under Utah Code Section 76-8-105:
- Bribery is a second-degree felony, punishable by 1 to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 1101:
- Bribery is punishable by up to 5 years in prison and fines up to $5,000.
Under Virginia Code Section 18.2-447:
- Bribery is a Class 4 felony, punishable by 2 to 10 years in prison and fines up to $100,000.
Under Revised Code of Washington Section 9A.68.010:
- Bribery is a Class B felony, punishable by up to 10 years in prison and fines up to $20,000.
Under West Virginia Code Section 61-5A-3:
- Bribery is a felony, punishable by 1 to 10 years in prison and fines up to $5,000.
Under Wisconsin Statutes Section 946.10:
- Bribery is a Class H felony, punishable by up to 6 years in prison and fines up to $10,000.
Under Wyoming Statutes Section 6-5-101:
- Bribery is a felony, punishable by up to 10 years in prison and fines up to $5,000.
Quick Links & References
- Theft & Bribery Codes and Statues for Federal and State Government
- Overview of Bribery from the U.S. Office of Government Ethics
- Understanding the Difference Between California State and Federal Bribery Laws
- Global Implications of Recent Federal Anti-Bribery Laws
- Anti-Bribery Law Overview at Yale University