U.S. Code: Title 18
§ 201. Bribery of public officials
and witnesses
ï(a) For the purpose of this section -
ï(1) the term "public official" means Member
of Congress, Delegate, or Resident Commissioner, either before
or after such official has qualified, or an officer or employee
or person acting for or on behalf of the United States, or any
department, agency or branch of Government thereof, including
the District of Columbia, in any official function, under or
by authority of any such department, agency, or branch of Government,
or a juror;
ï(2) the term "person who has been selected to be
a public official" means any person who has been nominated
or appointed to be a public official, or has been officially
informed that such person will be so nominated or appointed;
and
ï(3) the term "official act" means any decision
or action on any question, matter, cause, suit, proceeding or
controversy, which may at any time be pending, or which may by
law be brought before any public official, in such officialís
official capacity, or in such officialís place of trust
or profit.
ï(b) Whoever -
ï(1) directly or indirectly, corruptly gives, offers
or promises anything of value to any public official or person
who has been selected to be a public official, or offers or promises
any public official or any person who has been selected to be
a public official to give anything of value to any other person
or entity, with intent -
ï(A) to influence any official act; or
ï(B) to influence such public official or person who
has been selected to be a public official to commit or aid in
committing, or collude in, or allow, any fraud, or make opportunity
for the commission of any fraud, on the United States; or
ï© to induce such public official or such person
who has been selected to be a public official to do or omit to
do any act in violation of the lawful duty of such official or
person;
ï(2) being a public official or person selected to be
a public official, directly or indirectly, corruptly demands,
seeks, receives, accepts, or agrees to receive or accept anything
of value personally or for any other person or entity, in return
for:
ï(A) being influenced in the performance of any official
act;
ï(B) being influenced to commit or aid in committing,
or to collude in, or allow, any fraud, or make opportunity for
the commission of any fraud on the United States; or
ï© being induced to do or omit to do any act in
violation of the official duty of such official or person;
ï(3) directly or indirectly, corruptly gives, offers,
or promises anything of value to any person, or offers or promises
such person to give anything of value to any other person or
entity, with intent to influence the testimony under oath or
affirmation of such first-mentioned person as a witness upon
a trial, hearing, or other proceeding, before any court, any
committee of either House or both Houses of Congress, or any
agency, commission, or officer authorized by the laws of the
United States to hear evidence or take testimony, or with intent
to influence such person to absent himself therefrom;
ï(4) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for being influenced in testimony under oath or affirmation as
a witness upon any such trial, hearing, or other proceeding,
or in return for absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is greater,
or imprisoned for not more than fifteen years, or both, and may
be disqualified from holding any office of honor, trust, or profit
under the United States.
ï© Whoever -
ï(1) otherwise than as provided by law for the proper
discharge of official duty -
ï(A) directly or indirectly gives, offers, or promises
anything of value to any public official, former public official,
or person selected to be a public official, for or because of
any official act performed or to be performed by such public
official, former public official, or person selected to be a
public official; or
ï(B) being a public official, former public official,
or person selected to be a public official, otherwise than as
provided by law for the proper discharge of official duty, directly
or indirectly demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally for or because
of any official act performed or to be performed by such official
or person;
ï(2) directly or indirectly, gives, offers, or promises
anything of value to any person, for or because of the testimony
under oath or affirmation given or to be given by such person
as a witness upon a trial, hearing, or other proceeding, before
any court, any committee of either House or both Houses of Congress,
or any agency, commission, or officer authorized by the laws
of the United States to hear evidence or take testimony, or for
or because of such personís absence therefrom;
ï(3) directly or indirectly, demands, seeks, receives,
accepts, or agrees to receive or accept anything of value personally
for or because of the testimony under oath or affirmation given
or to be given by such person as a witness upon any such trial,
hearing, or other proceeding, or for or because of such personís
absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
ï(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection © shall not be construed
to prohibit the payment or receipt of witness fees provided by
law, or the payment, by the party upon whose behalf a witness
is called and receipt by a witness, of the reasonable cost of
travel and subsistence incurred and the reasonable value of time
lost in attendance at any such trial, hearing, or proceeding,
or in the case of expert witnesses, a reasonable fee for time
spent in the preparation of such opinion, and in appearing and
testifying.
ï(e) The offenses and penalties prescribed in this section
are separate from and in addition to those prescribed in sections
1503, 1504, and 1505 of this title.
For further commentary on federal case law, visit these criminal
justice web sites:
The National
Association of Criminal Defense Lawyers (NACDL)
Punch
and Jurists - The Cutting Edge Guide to Federal Criminal Law
We
the Sheeple - A Criminal Justice Bulletin Board
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