Colorado § 18-8-302 - Bribery.

§ 18-8-302. Bribery.

(1) A person commits the crime of bribery, if:

(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity; or

(b) While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.

(2) It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason.

(3) Bribery is a class 3 felony.

Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-302.

Cross references: For bribery of persons other than a public servant, see § 18-5-401.

ANNOTATION

Legislative intent. The general assembly apparently intended to define bribery as the commission of any one of the following three acts: (1) offering to confer upon a public servant, (2) conferring upon a public servant, or (3) agreeing to confer upon a public servant. Although the statute does not specify the person with whom the agreement must be made to be guilty of the third act, under a strict construction, the agreement must be with the public servant, not a third party, while a defendant may be guilty of the first two acts even if the public official does not agree to be bribed. People v. Bailey, 41 Colo. App. 504, 595 P.2d 252 (1978), rev'd on other grounds, 200 Colo. 549, 617 P.2d 549 (1980).

The substantive offense of bribery of a judge can be committed by one person. People v. Incerto, 180 Colo. 366, 505 P.2d 1309 (1973) (decided under former § 40-7-5, C.R.S. 1963).

Corporation or a corporate body is not included in the definition of "government" in § 18-8-101. Bailey v. People, 200 Colo. 549, 617 P.2d 549 (1980).

Definition of term "public servant" is question of law for court. People v. Bailey, 41 Colo. App. 504, 595 P.2d 252 (1978), rev'd on other grounds, 200 Colo. 549, 617 P.2d 549 (1980).

Employee of the Colorado Springs urban renewal effort is not a "public servant" performing a "governmental function" on behalf of a "government" as defined in § 18-8-101. Bailey v. People, 200 Colo. 549, 617 P.2d 549 (1980).