Utah Code 76-8-103. Bribery or offering a bribe
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(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
Terms Used In Utah Code 76-8-103
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party official: means an individual holding any post in a political party whether by election, appointment, or otherwise. See Utah Code 76-8-101
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Public servant: means :(16)(a)(i) a public officer;(16)(a)(ii) an appointed official, employee, consultant, or independent contractor of a public entity; or(16)(a)(iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-101.5
- Statute: A law passed by a legislature.
(2) An actor commits bribery or offering a bribe if the actor promises, offers, or agrees to give or gives, directly or indirectly, any benefit to another with the purpose or intent to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion of a public servant, party official, or voter.(3) A violation of Subsection (2) is:(3)(a) a second degree felony if the value of the benefit is $1,000 or more; or(3)(b) a third degree felony if the value of the benefit is less than $1,000.(4) It is not a defense to a prosecution under this statute that:(4)(a) the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction, or for any other reason;(4)(b) the person sought to be influenced did not act in the desired way; or(4)(c) the benefit is not conferred, solicited, or accepted until after:(4)(c)(i) the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, has occurred; or(4)(c)(ii) the public servant ceases to be a public servant.