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Bribery Laws in New York

How New York law treats bribery: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Bribery of a public servant (giving or offering any benefit with the understanding that the official's vote, decision or other official action will be influenced) is bribery in the third degree, a class D felony (up to 7 years); N.Y. Penal Law 200.00, 200.03, 200.04, 200.10-200.12; 180.00, 180.03

BriberyBribery of a public servant (giving or offering any benefit with the understanding that the official's vote, decision or other official action will be influenced) is bribery in the third degree, a class D felony (up to 7 years); second degree (benefit over $5,000) is a class C felony (up to 15 years); first degree (benefit over $100,000, or to influence a class A felony investigation or prosecution) is a class B felony (up to 25 years). A public servant who solicits, accepts or agrees to accept a benefit on that understanding commits bribe receiving in the third degree, a class D felony (up to 7 years); bribe receiving in the second degree (benefit over $5,000) is a class C felony (up to 15 years); and bribe receiving in the first degree (benefit over $100,000, or to influence the investigation, arrest, detention, prosecution or incarceration of someone for a class A felony under Penal Law article 220) is a class B felony (up to 25 years). Commercial bribing (benefiting an employee, agent or fiduciary without the employer's consent to influence their conduct) is a class A misdemeanor, or a class E felony if the benefit exceeds $1,000 and causes the employer more than $250 in economic harm.
Second/first degree: https://www.nysenate.gov/legislation/laws/PEN/200.03 , https://www.nysenate.gov/legislation/laws/PEN/200.04 ; bribe receiving: https://www.nysenate.gov/legislation/laws/PEN/200.10 ; commercial bribing: https://www.nysenate.gov/legislation/laws/PEN/180.03 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00).

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FAQ

Is bribery a felony in New York?
Bribery of a public servant (giving or offering any benefit with the understanding that the official's vote, decision or other official action will be influenced) is bribery in the third degree, a class D felony (up to 7 years); second degree (benefit over $5,000) is a class C felony (up to 15 years); first degree (benefit over $100,000, or to influence a class A felony investigation or prosecution) is a class B felony (up to 25 years). A public servant who solicits, accepts or agrees to accept a benefit on that understanding commits bribe receiving in the third degree, a class D felony (up to 7 years); bribe receiving in the second degree (benefit over $5,000) is a class C felony (up to 15 years); and bribe receiving in the first degree (benefit over $100,000, or to influence the investigation, arrest, detention, prosecution or incarceration of someone for a class A felony under Penal Law article 220) is a class B felony (up to 25 years). Commercial bribing (benefiting an employee, agent or fiduciary without the employer's consent to influence their conduct) is a class A misdemeanor, or a class E felony if the benefit exceeds $1,000 and causes the employer more than $250 in economic harm.
Can I get a court-appointed lawyer for bribery in New York?
New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards
What happens after an arrest for bribery in New York?
How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.
Can a conviction for bribery be removed from my record in New York?
Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.