Tennessee § 39-16-102 - Bribery of public servant.

§ 39-16-102. Bribery of public servant.

A person commits an offense who: 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 the public servant's official capacity; or While a public servant, solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be influenced. It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because the person had not yet assumed office, lacked jurisdiction, or for any other reason. It is no defense to prosecution under this section that the person who sought to influence a public official took action on behalf of a public or private organization or any other entity, for the purpose of organizing a campaign or for any other lawful purpose. Bribery of a public servant under subdivision (a)(1) is a Class B felony. A public servant accepting or agreeing to accept a bribe under subdivision (a)(2) is a Class B felony. Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 2, § 1; 2014, ch. 982, § 1. Sentencing Commission Comments. This section expands the definition of “public servant” for the purposes of bribery. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2014, ch. 982, § 5 provided that the act shall apply only to all offenses occurring on or after July 1, 2014. Cross-References. Disfranchisement on conviction, § 40-20-112 . Penalty for Class B felony, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bribery, §§ 3, 4, 5, 6. Law Reviews. “Official” Explanation: Defining “Official Capacity” and Related “Color of Office” Phrases in Bribery and Extortion Law (Steven J. Mulroy), 38 U. Mem. L. Rev. 587 (2008). Professional Responsibilities of Lobbyists (William R. Bruce), 23 Mem. St. U.L. 547 (1993). Attorney General Opinions. Conflicts of interest involving state and county election commissions, OAG 06-159 (10/9/06). Constitutionality of 2014 amendments to bribery, extortion, riot, and trespass laws. OAG 14-44, 2014 Tenn. AG LEXIS 46 (4/7/14).