Bribery Laws in Arizona
Bribery involves offering or accepting something of value in exchange for influence over a government official, or similar. It is a form of corruption that affects the legal system. As such, Arizona takes bribery offenses seriously within its criminal code. Arizona statute breaks bribery charges down into specific definitions depending on the circumstances involved.
Bribery of a Public Servant or Party Officer: A.R.S. 13-2602
According to A.R.S. 13-2602, a person commits bribery of a public servant or party officer if, with corrupt intent:
- They offer, confer, or agree to confer any benefit upon a public servant or party officer with the intent to influence the public servant’s or party officer’s vote, opinion, judgment, exercise of discretion, or other action in his official capacity as a public servant or party officer,
or
- While a public servant or party officer, they solicit, accept, or agree to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant or party officer may thereby be influenced.
A violation of this statute is a class 4 felony, for which a first-time offender can be incarcerated for up to 3.75 years.
Pursuant to A.R.S. 13-2604, anyone convicted of a violation of this law will forever be disqualified from becoming a public servant and, if such person is a public servant at the time of his conviction, shall forfeit his office.
It is no defense that a person sought to be influenced was not qualified to act in the desired way because such person had not yet assumed office, lacked jurisdiction, or for any other reason.
Trading in Public Office: A.R.S. 13-2603
According to A.R.S. 13-2603, a person commits trading in public office if, with corrupt intent:
- They offer, confer, or agree to confer any benefit upon a public servant or party officer upon an agreement or understanding that he will or may be appointed to a public office or designated or nominated as a candidate for public office,
or
- While a public servant or party officer, they solicit, accept, or agree to accept any benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Trading in public office is a class 6 felony, for which a first-time offender can be incarcerated for up to 2 years.
Pursuant to A.R.S. 13-2604, anyone convicted of a violation of this law will forever be disqualified from becoming a public servant and, if such person is a public servant at the time of his conviction, shall forfeit his office.
This law does not apply to contributions to political campaign funds or other similar political contributions made without corrupt intent.
Commercial Bribery: A.R.S. 13-2605
According to A.R.S. 13-2605, a person commits commercial bribery if:
- They confer any benefit on an employee without the consent of such employee’s employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer’s commercial affairs, and the conduct of the employee causes economic loss to the employer.
- While an employee of an employer, such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer’s commercial affairs, and such conduct causes economic loss to the employer or principal.
The criminal charges for commercial bribery depending on the following values of benefit involved in the offense:
- Less than $100 – This is a class 1 misdemeanor, which can result in up to 6 months of incarceration.
- $100 to $1000 – This is a class 6 felony, for which a first-time offender can be incarcerated for up to 2 years.
- Over $1000 – This is a class 5 felony, for which a first-time offender can be incarcerated for up to 2.5 years.
This law will not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such person and the employee that such employee engage in conduct which will cause economic loss to his employer, such employee engages in conduct while an employee of his original employer and such conduct causes economic loss to the employer.
Offering to Exert Improper Influence on a Public Officer or Servant for Consideration: A.R.S. 13-2606
According to A.R.S. 13-2606, offering to exert improper influence on a public officer or servant occurs when a person intentionally or knowingly obtains or seeks to obtain any benefit from another person upon a claim or representation that he can or will improperly influence the action of a public servant.
A violation of this law is a class 4 felony, for which a first-time offender can face incarceration of up to 3.75 years.
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