What is BRIBERY? Definition of BRIBERY in Black's Law Dictionary
The offering, giving, receiving, or soliciting of any thing of value to influence action as official or in discharge of legal or public duty. Allen v. State, 63 Okl.Cr. 16, 72 P.2d 516, 519. The corrupt tendering or receiving of a price for official action. State v. London, 194 Wash. 458, 78 P.2d 548, 554, 115 A.L.R. 1255. The receiving or offering any undue reward by or to any person concerned in the administration of public justice or a public officer to influence his behavior in office. Walsh v. People, 65 Ill. 65, 16 Am.Rep. 569; State v. Harrah, 101 W.Va. 300, 132 S.E. 654, 655, 4 Bl.Comm. 139, and note. The taking or giving a reward for public office. Brown.
Acceptance by public officer of compensation for doing legal duty, Ex parte Montgomery, 244 Ala. 91, 12 So.2d 314, 317; agreement by public official to refrain from performing official act or to corruptly perform act contrary to rules of honesty essential, Selvidge v. State, 126 Tex.Cr.R. 489, 72 S. W.2d 1079, 1080; Attempt to bribe officer engaged in making an unlawful arrest, Sugarman v. State, 173 Md. 52, 195 A. 324, 326; Attempted bribery as included in term, Coleman v. State ex rel. Mitchell, 132 Fla. 845, 182 So. 627, 628; Coleman v. State ex rel. Mitchell, 132 Fla. 845, 182 So. 627, 628; "extortion" and "bribery" mutually exclusive, People v. Feld, 262 App.Div. 909, 28 N.Y.S.2d 796, 797; involuntary payments insufficient, Hornstein v. Paramount Pictures, Sup., 37 N.Y.S.2d 404, 413; unlawful concert of one or more persons acting with one or more other persons essential, People v. Keyes, Cal.Sup., 284 P. 1105; voluntary giving of something of value to influence performance of official duty as essence, Hornstein v. Paramount Pictures, Sup., 37 N.Y.S.2d 404, 413.
At common law, the gist of the offense was the tendency to prevert justice, People v. Peters, 265 Ill. 122, 106 N.E. 513, 515, Ann.Cas.1916A, 813; the offering, giving, receiving or soliciting of anything of value to influence action as a public official, Coleman v. State ex rel. Mitchell, Fla., 182 So. 627, 628; corrupt agreement induced by offer of reward, Osborn v. State, 160 Tenn. 594, 28 S.W.2d 47, 48; The term now extends_to many classes of officers and is not confined to judicial officers; it applies both to the actor and receiver, and extends to voters, cabinet ministers, legislators, sheriffs, and other classes. 2 Whart.Crim. Law, § 1858. In re Crum, 55 N.D. 876, 215 N.W. 682, 688, 55 A.L.R. 220; State v. McGraw, 142 La. 417, 76 So. 822. All persons whose official conduct is connected with the administration of the government are subjects, Commonwealth v. Benedict, 114 Pa.Super. 183, 173 A. 850, 851; persons acting under color of title to office, though not an officer de jure, are subjects, Ex parte Covell, 63 Okl. 256, 74 P.2d 626, 631; but it has also been held that the person charged to have been bribed must be an officer, de facto or de jure, or among the governmental administrative personnel. State v. London, 194 Wash. 458, 78 P.2d 548, 115 A.L.R. 1255.
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