N.D. Cent. Code § 12.1-12-01

Current through 2024 Legislative Session
Section 12.1-12-01 - Bribery
1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:
a. The recipient's official action as a public servant; or
b. The recipient's violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
3. A prima facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered, given, or agreed to be given by, or solicited, accepted, or agreed to be accepted from, a person having an interest in an imminent or pending:
a. examination, investigation, arrest, or judicial or administrative proceeding; or
b. bid, contract, claim, or application, and that interest could be affected by the recipient's performance or nonperformance of his official action or violation of his known legal duty as a public servant.

N.D.C.C. § 12.1-12-01