Bribery in the Third Degree

What the prosecutor must prove

• The accused conferred, offered or agreed to confer a benefit on a public servant.
• There was an agreement or understanding that the public servant's official action would be influenced.

Defenses that commonly apply

• No agreement or understanding to influence official action.
• Defense under PL 200.05 where the benefit was extorted by threat.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.