North Carolina § 14-217 - Bribery of officials.

§ 14-217. Bribery of officials.

If any person holding office, or who has filed a notice of candidacy for or been nominated for such office, under the laws of this State who, except in payment of his legal salary, fees or perquisites, shall receive, or consent to receive, directly or indirectly, anything of value or personal advantage, or the promise thereof, for performing or omitting to perform any official act, which lay within the scope of his official authority and was connected with the discharge of his official and legal duties, or with the express or implied understanding that his official action, or omission to act, is to be in any degree influenced thereby, he shall be punished as a Class F felon. Indictments issued under these provisions shall specify: The thing of value or personal advantage sought to be obtained; and The specific act or omission sought to be obtained; and That the act or omission sought to be obtained lay within the scope of the defendant's official authority and was connected with the discharge of his official and legal duties. Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 539, s. 1207. For purposes of this section, a thing of value or personal advantage shall include a campaign contribution made or received under Article 22A of Chapter 163 of the General Statutes. History (1868-9, c. 176, s. 2; Code, s. 991; Rev., s. 3568; C.S., s. 4372; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983 (Reg. Sess., 1984), c. 1050, s. 1; 1993, c. 539, ss. 1206, 1207; 1994, Ex. Sess., c. 24, s. 14(c); 2010-169, s. 3(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Cross References. - As to bank examiners accepting bribes, see G.S. 14-233 . As to bribing agents and servants to violate duties owed employers, see G.S. 14-353 . As to bribery of baseball players, umpires, and officials, see G.S. 14-373 et seq. For structured sentencing provisions, see G.S. 15A-1340.10 et seq. Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "Article 23 of Chapter 163 A" for "Article 22A of Chapter 163" in subsection (d). Session Laws 2018-146, s. 3.1(a), (b) and 6.1 repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the change to the reference in subsection (d). Editor's Note. - Session Laws 2010-169, s. 3(a), effective December 1, 2010, and applicable to offenses committed on or after that date, in subsection (a), inserted "or who has filed a notice of candidacy for or been nominated for such office" near the beginning; and added subsection (d).