Iowa Code 722.10 – Commercial bribery
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
Terms Used In Iowa Code 722.10
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
722.10 Commercial bribery.
1. As used in subsection 2, the following definitions shall apply unless the context otherwise requires:
a. “”Employer”” means any sole proprietor, partnership, corporation, association, or other entity or organization.
b. “”Employee”” includes every officer, employee, agent or representative.
c. “”Gratuity”” means consideration in any form, including but not limited to a gift, commission, discount and bonus.
2. It is unlawful for a person to offer or deliver directly or indirectly for the personal benefit of an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with the person a gratuity in consideration of an act or omission which the person has reason to know is in conflict with the employment relation and duties of the employee to the employer. It is unlawful for an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with a person to solicit or receive from the person a gratuity directly or indirectly for the personal benefit of the employee in consideration of an act or omission which the employee has reason to know is in conflict with the employment relation and duties of the employee to the employer.
3. A violation of subsection 2 is a class “”D”” felony. [C79, 81, §722.10]
1. As used in subsection 2, the following definitions shall apply unless the context otherwise requires:
a. “”Employer”” means any sole proprietor, partnership, corporation, association, or other entity or organization.
b. “”Employee”” includes every officer, employee, agent or representative.
c. “”Gratuity”” means consideration in any form, including but not limited to a gift, commission, discount and bonus.
2. It is unlawful for a person to offer or deliver directly or indirectly for the personal benefit of an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with the person a gratuity in consideration of an act or omission which the person has reason to know is in conflict with the employment relation and duties of the employee to the employer. It is unlawful for an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with a person to solicit or receive from the person a gratuity directly or indirectly for the personal benefit of the employee in consideration of an act or omission which the employee has reason to know is in conflict with the employment relation and duties of the employee to the employer.
3. A violation of subsection 2 is a class “”D”” felony. [C79, 81, §722.10]