PL 200.00 · Article 200
Bribery in the Third Degree
This offense concerns conferring, offering, or agreeing to confer a benefit on a public servant under an agreement or understanding that it will influence official conduct. Actual delivery of the benefit is not required under the offer or agreement alternatives.
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PL 200.00 · Original statutory wording; excerpts must be read together with the full section.
§ 200.00 Bribery in the third degree.A person is guilty of bribery in the third degree when he confers, oroffers or agrees to confer, any benefit upon a public servant upon anagreement or understanding that such public servant's vote, opinion,judgment, action, decision or exercise of discretion as a public servantwill thereby be influenced.Bribery in the third degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense concerns conferring, offering, or agreeing to confer a benefit on a public servant under an agreement or understanding that it will influence official conduct. Actual delivery of the benefit is not required under the offer or agreement alternatives.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove every required element beyond a reasonable doubt.
- The person accused conferred, offered to confer, or agreed to confer any benefit upon a public servant; these are alternatives, not cumulative requirements.
- There was an agreement or understanding that the benefit would thereby influence the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant; these forms of official conduct are alternatives, not cumulative requirements.
Defenses that commonly apply
- What evidence establishes a benefit conferred, offered, or agreed to by the person accused?
- Was the intended recipient a public servant, and did the alleged influence concern conduct in that official capacity?
- Do the communications and circumstances establish the required agreement or understanding linking the benefit to official influence?
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 $5,000 or up to twice the gain.
Common questions about your defense
Can a benefit to a public servant be challenged as something other than bribery?
A benefit alone does not establish the statutory agreement or understanding that official conduct will be influenced. If the evidence does not establish that link, the person accused may challenge that element. The prosecution must prove the required link and the conferral, offer, or agreement to confer a benefit beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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