|
Alabama
|
-Intentional violation of Code of Ethics for Public Officials and Employees, includes:
-Use of official position or office for personal gain
-Use of contributions
-Offering, soliciting, or accepting things of value for purpose of influencing official action
-Use or disclosure of confidential information for personal financial gain
-Voting in matters with financial interest
-Service on regulatory boards and commissions regulating business with which person associated
-Representation of client or constituent before board, regulatory body, etc.
-Entering into contracts which are to be paid out of government funds
-Offering, soliciting thing of value to or by member of regulatory body
-Actions of former public officials or public employees prohibited for two years after departure
-Failure to file statement of economic interests
-Failure to submit statements of economic interests by candidates
-Reports made by persons who are related to public officials or public employees who represent persons before regulatory body or contract with state
-False reporting for the purpose of influencing legislation
|
EC §36-25-27
EC §36-25-5 through 36-25-16;
EC §36-25-26
|
Class B felony
2-20 years; $30,000
|
|
|
-Bribery
|
CC §13A-10-61
|
Class C felony
1-10 years; $15,000
|
|
|
-Unintentional violation of Code of Ethics for Public Officials, Employees: See violations above for Intentional violations of Code of Ethics for Public Officials, Employees
-Intentional violation of financial disclosure statute
-Failure to disclose conflict of interest
-Trading in public office
|
EC §36-25-27
EC §36-25-27
CC §13A-10-62
CC §13A-10-63
|
Class A misdemeanor
Max. 1 year; $6,000
|
|
|
-Misuse of confidential information
|
CC §13A-10-82
|
Class B misdemeanor
Max 6 months; $3,000
|
|
Alaska
|
-Bribery
-Receiving a bribe
|
CC §11.56.100
CC §11.56.110
|
Class B felony
Max 10 years; $100,000
|
|
|
-Receiving unlawful gratuities
-Failure to report bribery or receiving a bribe
-False accusations to the ethics committee
-Official misconduct
-Misuse of confidential information
-Tampering with public records in the second degree
|
CC §11.56.120
CC §11.56.124
CC §11.56.805
CC §11.56.850
CC §11.56.860
CC §11.56.820
|
Class A misdemeanor
Max 1 year; $10,000
|
| |
-Impersonating a public servant
|
CC §11.56.830 |
Class B Misdemeanor
Max 90 days; $2,000
|
| |
-Tampering with public records in the first degree
|
CC §11.56.815 |
Class C Felony
Max 5 years; $50,000
|
|
Arizona
|
-Bribery of a public servant or party officer
|
CC §13-2602
|
Class 4 felony
1.5-3 years; $150,000
|
|
|
-Intentional violation of conflict of interest statute
-Trading in public office
|
EC §38-510
CC §13-2603
|
Class 6 felony
6-18 months; $150,000
|
|
|
-Negligent violation of conflict of interest statute
|
EC §38-510
|
Class 1 misdemeanor
Max 6 months; $2,500 fine
|
|
Arkansas
|
-Soliciting, accepting, or agreeing to accept any benefit upon an agreement or understanding of appointment or designated or nominated candidacy
-Offering, conferring, or agreeing to confer any benefit and the receipt of benefit
-Soliciting, accepting, or agreeing to accept any benefit as compensation or consideration for having a public servant given a decision, opinion, recommendation, or vote favorable to another
|
CC §5-52-101
|
Class D felony
Max 6 years; $10,000
|
|
|
-Failure of member or member-elect of General Assembly to report any goods or services sold during the previous calendar year having a total annual value in excess of $1,000 to an office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment
-Soliciting unlawful compensation
-Misuse of confidential information
-Attempt to influence a public servant
|
EC §21-8-903
CC $5-52-104
CC $5-52-106
CC $5-52-105
|
Class A misdemeanor
Max 1 year; $2,500
|
| |
-Abuse of office
-Using to attempting to use official position to secure special privileges or exemptions
-Accepting employment or engaging in any public or professional activity while serving as a public official which he or she might reasonably expect would require or induce him or her to disclose any information acquired by him or her by reason of his or her official position declared to be confidential
-Disclosing any such confidential information gained by reason of his or her position
-Using confidential information for his or her person gain or benefit
|
CC $5-52-107
EC $21-8-304
|
Class B misdemeanor
Max 90 days; $1,000
|
|
|
-Accepting unlawful compensation for speeches or appearances
|
CC $5-52-108
|
Unclassified
Max 1 year; $1,000
|
|
|
-Receiving a gift or compensation for the performance of the duties and responsibilities of his official position
-Purposely use or disclose to any other person or entity confidential government information acquired in the course of official duties
|
EC §21-8-801
|
First violation:
Written warning
Second and subsequent violations:
$50-$2,000
|
|
|
-Failure to file, or falsely filing the financial disclosure statement required of state employees
|
EC §21-8-202
|
Misdemeanor
$50-$500
|
|
California
|
-Bribery of any ministerial officer, employee, or appointee of the state
|
PC §67.5
|
Felony if the theft of the thing given or offered would be equal to grand theft
Misdemeanor if the theft of the thing given or offered would be equal to a petty theft
|
| |
-Accepting of bribes by a judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy
-Accepting of bribes by an executive or ministerial officer, employee, or appointee of the state
|
PC §93
PC §68(a)
|
2-4 years
If bribe was not actually received:
$2,000-$10,000
If bribe was received:
At least the actual amount of the bribe received or $2,000 (whichever is greater), or any larger amount of not more than double the amount of any bribe received or $10,000 (whichever is greater)
|
|
|
-Bribery of any executive officer
-Bribery of any judicial officer, juror, referee, arbitrator, or umpire
|
PC §67
PC §92
|
2-4 years
Person is disqualified from holding any office in the state
|
|
Colorado
|
-Bribery
|
CC §18-8-302
|
Class 3 felony
4-12 years; $3,000-$750,000
|
|
|
-Embezzlement of public property
|
CC $18-8-40 7
|
Class 5 felony
1-3 years; $1,000-$100,000
|
|
|
-Compensation for past official behavior
-Requiring or directing a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with the government
-Misuse of official information
|
CC §18-8-303
CC §18-8-307
CC §18-8-402
|
Class 6 felony
1-1.5 years; $1,000-$100,000
|
|
|
-Trading in public office
|
CC §18-8-305
|
Class 1 misdemeanor
6-18 months; $500-$5,000
|
|
|
-Soliciting unlawful compensation
-Failing to disclose a conflict of interest
-Official oppression
-First degree official misconduct. (With intent to personally benefit, or to maliciously harm another, unauthorized exercise of official function or refraining from performing official duties or violating any statute or rule relating to office)
|
CC §18-8-304
CC §18-8-308
CC §18-8-403
CC §18-8-404
|
Class 2 misdemeanor
3-12 months; $250-$1,000
|
|
|
-Second degree official misconduct. (Knowingly, arbitrarily or capriciously refraining from performing an official job function or violating any statute or rule relating to office)
|
CC §18-8-405
|
Class 1 petty offense
Max 6 months; $500
|
|
|
Public trust - breach of fiduciary duty. A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. A public officer, a member of the general assembly, a local government official, or an employee shall not:
-Disclose confidential information
-Accept a gift of substantial value given in attempt to influence official action
-Accept a fee, a contingent fee, or any other compensation, except his official compensation provided by statute, for promoting or opposing the passage of legislation
-Lobby, solicit lobbying business or contracts, or otherwise establish a lobbying business or practice respecting issues before the general assembly prior to the expiration of his or her term
|
EC §24-18-103
EC §24-18-104(1a)
EC §24-18-104(1b)
EC §24-18-106(1)
EC §24-18-106(3)
|
District attorney of district where the trust is violated may bring appropriate judicial proceedings, in addition to any criminal action
|
|
Connecticut
|
-Bribery, bribe receiving
|
CC Chap. 952 §53a-148
|
Class C felony
1-10 years; max $10,000
|
|
|
-No former executive branch or quasi-public agency public official or state employee shall represent anyone other than the state concerning any particular matter in which he participated personally and substantially while in state service or in which the state has substantial interest
-No former executive branch or quasi-public agency public official or state employee shall, for one year after leaving state service, represent anyone other than the state for compensation before the department, agency, board, commission, council or office in which he served at the time of his termination of service, concerning any matter in which the state has substantial interest
-Disclosing or using confidential information for personal financial gain by former official or employee
-Having financial interest in or engaging in any business, employment, transaction or professional activity, which is in conflict with the proper discharge of his duties
-Accepting other employment which will either impair his independence of judgment as to his official duties or induce him to disclose confidential information acquired by him in the course of his official duties
-Willfully and knowingly disclose for financial gain confidential information
-Soliciting or accepting anything of value based on any understanding that the vote, official action or judgment of the public official, candidate, or state employee would be or had been influenced thereby
-No public official shall accept a fee or honorarium for an article, appearance or speech, or for participation at an event in the official’s official capacity
-Giving or accepting, directly or indirectly, any gifts
|
EC Chap. 10 §1-84b
EC Chap. 10 §1-84a
EC Chap. 10 §1-84
|
If first offense:
Class A misdemeanor
Max 1 year; $2,000
If first offense in which the offender derives a financial benefit equal to or more than $1,000, or if second subsequent offense:
Class D felony
1-5 years; max $5,000
(Penalty found in Chap. 10 §1-89)
|
| |
-Failure to report bribery
|
CC Chap. 952 §53a-148a
|
Class A misdemeanor
Max 1 year, max $2,000
|
|
Delaware
|
-Bribery
-Receiving a bribe
|
CC §1201
CC §1203
|
Class E felony
Max 5 years
|
|
|
Knowing violations of prohibitions relating to conflicts of interest:
-Restrictions on representing another’s interest before the state
-Restrictions on contracting with the state
-Post-employment restrictions
-Ban on unauthorized disclosure of confidential information
|
EC §5805
|
Misdemeanor
Max 1 year; $10,000
|
|
|
-Willful filing of a false financial disclosure report (*Only effective until Jan. 8, 2011)
-*Effective Jan. 8, 2011: Willful filing of a false financial disclosure report or a false council or board membership disclosure report
-Receiving unlawful gratuities
-Official misconduct
-Profiteering
|
EC §5815
CC §1206
CC §1211
CC §1212
|
Class A misdemeanor
Max 1 year; $2,300
|
| |
-Willful failure to file a financial disclosure report (*Only effective until Jan. 8, 2011)
-*Effective Jan. 8, 2011: Willful failure to file a financial disclosure report or council or board membership disclosure report
|
EC §5815
|
Class B misdemeanor
Max 6 months; $1,150
|
|
District of Columbia
|
-Accepting, agreeing to accept, or receiving a bribe by an official; bribery of an official
|
CC §22-712
|
Max 10 years; $25,000 or 3 times the monetary equivalent of the thing of value, whichever is greater
|
| |
-Extortion
|
CC §22-3251
|
Max 10 years; $10,000
|
| |
-Blackmail
|
CC §22-3252
|
Max 5 years; $1,000
|
| |
-Corrupt influence of officials
|
CC §22-704
|
6 months-5 year
|
|
Florida
|
-Bribery
-Unlawful compensation or reward for official behavior
|
CC §838.015
CC §838.016
|
Felony of the second degree Max 15 years; $15,000
|
| |
-Official misconduct
-Disclosure or use of confidential criminal justice information
|
CC §838.022
CC §838.21
|
Felony of the third degree Max 5 years; $5,000
|
|
|
-No officer or employee of the state, or of any county or municipality thereof, shall:
-Use his or her official authority to influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof
-Directly or indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes
-Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to interfere in any other way with the personal right of said officer or employee.
|
EC §104.31(1)
|
Misdemeanor of the first degree; $1,000
|
|
|
See Standards of Conduct for public officers, employees of agencies, and government attorneys for a guideline of what people in these positions should not do.
|
EC §112.313
|
No criminal penalty is specified for any of these actions.
|
|
Georgia
|
-Bribery
|
CC §16-10-2(b)
|
Max 20 years; $5,000
|
|
|
-Influencing of legislative action by state and local government officers or employees
-Influencing of officer or employee of state or political subdivision by another officer or employee
-Offenses involving public records, documents, and other items
-Selling office or dividing fees
|
CC §16-10-4
CC §16-10-5
EC §45-11-1(a)
EC §45-11-2
|
Felony; $100,000; 1-5 years
(2-10 years)
(1-5 years)
|
| |
-Intentionally violation of the terms of public oath
-False official certificates or writings by officers or employees of state and political subdivisions
|
CC §16-10-1
CC §16-10-8
|
1-5 years
|
|
|
-False acknowledgements, certificates, or statements of appearance or oath by officer authorized to do same
-Acceptance of office or employment in more than one branch of government
-Assault under color of office
-Unprofessional conduct
-Extortion
-Coercion of other officer or employee to give anything of value for political purposes
|
CC §16-10-7
CC §16-10-9
EC §45-11-3
EC §45-11-4
EC §45-11-5
EC §45-11-10
|
Misdemeanor
(Removal from office)
(Removal from office)
|
|
Hawaii
|
Bribery
|
CC §710-1040
|
Class C felony
|
|
|
See Standards of Conduct for Public Officers and Employees
|
HRS Title 7, Chapter 84
|
No criminal penalties specified for any prohibited actions
|
|
Idaho
|
-Receiving a bribe
|
CC §18-1302
|
Felony
Max 5 years; $50,000
|
|
|
-No state agency official, judicial official or legislator shall accept or agree to accept any pecuniary benefit from any person interested in their official actions.
-Accepting compensation for past official behavior
-Soliciting, accepting or agreeing to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise.
-Soliciting, receiving, agreeing to receive, or agreeing that any political party or other person shall receive any pecuniary benefit for approval or disapproval of an appointment or advancement in public service, or for approval or disapproval of any person or transaction for any benefit conferred by an official or agency of the government.
-Using public position for personal gain
|
CC §18-1356
CC §18-1354
CC §18-1357
CC §18-1358
CC §18-1359
|
Misdemeanor
Max 1 year; $1,000
|
|
|
-Any public official who intentionally fails to disclose a conflict of interest
|
EC §59-705
|
Civil Offense; up to $500
|
|
Illinois
|
-Bribery
|
CC 720 §645
|
Class 3 felony
2-5 years; Max $25,000 or the amount of the offense, whichever is greater
|
|
|
-Willful filing of false financial disclosure statement
-Legislators engaging in lobbying
-Legislators who participate in representation cases unlawfully
-Engaging in prohibited political activities (state employees engaging in political activities during compensated time, state officials requiring them to do so)
-Prohibited offer or promise (candidates and state officers promising jobs or other compensation in return for contributions)
-Procurement; revolving door prohibition.
-Fundraising in Sangamon County (during legislative session)
|
EC 5 §420/4A-107
EC 5 §420/2-101
EC 5 §420/2-104
EC 5 §420/5-15
EC 5 §420/5-30
EC 5 §420/5-45
EC 5 §420/5-40
|
Class A misdemeanor
Max 1 year; $2,500, or the amount specified in the offense, whichever is greater
|
| |
-Legislators who accept other compensation for their official duties
|
EC 5 §420/2-103
|
Petty offense
|
|
Indiana
|
-Bribery
|
CC §35-44-1-1
|
Class C felony
2-8 years; Max $10,000
|
| |
-Conflict of interest is when a public servant knowingly or intentionally having a pecuniary interest in; or deriving a profit from a contract or purchase connected with an action by his governmental entity.
|
CC §35-44-1-3
|
Class D felony
6 months-3 years; Max $10,000
|
|
|
-Official misconduct includes receiving personal benefit because of privileged information, neglecting to pass on public records and property to successor, among other things
|
CC §35-44-1-2
|
Class A misdemeanor
Max 1 year; $5,000 fine
|
|
|
-Profiteering from public service
|
CC §35-44-1-7
|
Class A infraction
|
|
|
-Failure to file a statement in a timely manner or files a deficient statement
|
EC §4-2-6-8
|
Civil penalty at a rate of not more than $10 for each day the statement remains delinquent or deficient, up to a maximum of $1,000; if intentional, Class A infraction (also subject to penalties listed in §4-2-6-12)
|
|
|
(See 4-2-6: Ethics and Conflicts of Interests)
-A current state officer, employee, or special state appointee shall not knowingly:
-Accept other employment involving compensation of substantial value if the responsibilities of that employment are inherently incompatible with the responsibilities of public office or require the individual’s recusal from matters so central or critical to the performance of the individual’s office duties that the individual’s ability to perform those duties would be materially impaired
-Accept employment or engage in business or professional activity that would require the individual to disclose confidential information that was gained in the course of state employment
-Use or attempt to use the individual’s official position to secure unwarranted privileges or exemptions that are of substantial value and not properly available to similarly situated individuals outside state government
-No state officer or employee, former state officer or employee, special state appointee, or former special state appointee shall accept any compensation from any employment, transaction, or investment which was entered into or made as a result of material information of a confidential nature
-A state officer, employee, or special state employee may not receive compensation for the sale or lease of any property or service which substantially exceeds that which the state officer, employee, or special state appointee would charge in the ordinary course of business and from any person whom they know, or in the exercise of reasonable care and diligence should know, has a business relationship with the agency in which he or she holds a position
-Post-employment restrictions
|
EC §4-2-6-5.5
EC §4-2-6-6
EC §4-2-6-7
EC §4-2-6-11
|
(EC §4-2-6-12) The Commission may take any of the following actions (in response to these violations):
-Impose a civil penalty upon a responded not to exceed 3 times the value of any benefit received
-Cancel a contract
-Bar a person from entering into a contract
-Order restitution or disgorgement
-Reprimand, suspend, or terminate an employee or special state appointee
-Reprimand or recommend impeachment of a state officer
-Bar a person from future state employment or future state appointment
-Revoke a license or permit
-Bar a person from obtaining a license or permit
|
|
Iowa
|
-Felonious misconduct in office, involves: giving false information on authorized receipts, returns, entries or certificates; falsifying public records or falsely purporting something to be a public record
|
CC §721.1
|
Class D felony
Max 5 years; $750-$7,500
|
|
|
-Knowingly and intentionally violating ethics provisions (found in Chapter 68B)
-Non-felonious misconduct in office, involves: entering to a contract for more than authorized by law; failing to report receipt or expenditure of public funds; requesting or receiving additional compensation for required job functions; using or permitting another to use state property for private or political purpose; failing to perform any duty required; demanding contributions from public employees
-Using public motor vehicles for political purposes
-Misuse of public records, involves releasing public records or information for a greater fee than allowed by law
-Interest in public contracts; unlawful interest in public contracts
|
EC §68B.34
CC §721.2
CC §721.4
CC §721.10
CC §721.11
|
Serious misdemeanor
Max 1 year; $250-$1,500
|
|
Kansas
|
-Bribery
|
CC §21-3901
|
Severity level 7, nonperson felony
Max $100,000; Cannot determine max prison
Forfeiture of office; forever disqualified from public office
|
|
|
-Official misconduct: Knowingly destroying, tampering with or concealing evidence of a crime
-Misuse of public funds
|
CC §21-3902
CC §21-3910
|
Severity level 8, nonperson felony
Max $100,000
|
|
|
-Official misconduct: Willfully submitting to a governmental entity a claim for expenses which is false or duplicates another claim
-Permitting a false claim
|
CC §21-3902
CC §21-3905
|
If claim less than $500, class A nonperson misdemeanor
Max 1 year; $2,500
If claim is $500-$25,000, severity level 9 nonperson felony
Max $100,000; Cannot determine max prison
If claim is $25,000 or more, severity level 7, nonperson felony
Max $100,000; Cannot determine max prison
|
|
|
-Official misconduct: Using a state vehicle, aircraft or vessel for personal use; Willfully failing to serve civil process as required by law; Using confidential information for personal benefit or to harm another; Disclosing confidential information in procurement
|
CC §21-3902
|
Class A nonperson misdemeanor
Max 1 year; $2,500
|
|
|
-Failure by state employees and officials to file a true disclosure form, as required for representation cases, certain contracts as well as personal economic interests
-Compensation for past official acts
|
EC §46-239, §46-251
CC §21-3903
|
Class B non person misdemeanor
Max 6 months.; $1,000
Forfeiture of office
|
|
|
-Unlawful use of state postage.
|
CC §21-3911
|
Class C misdemeanor
Max 1 month; $500
|
|
Kentucky
|
-Bribery of a public servant
|
PC §521.020
|
Class C felony
5-10 years; $1,000 to $10,000, or double the gain from the offense, which ever is greater
|
|
|
-Misuse of confidential information
For legislators:
-Intentionally participating in a discussion, vote or other decision on a matter on which a legislator has a financial interest
-Use of position for financial gain for self, family or business associate
-Improperly contracting with public agencies
-Improperly leasing with the state
-Disclosure or use of confidential information
For executives:
-Disclosing confidential information for personal gain
-Receiving personal profit from the use or loan of public funds
-Acting as an agent for the state in a transaction of business with themselves, members of their family, or businesses in which they have more than 5% interest
-Receiving a personal benefit from a contract with the state and any business in which he has more than 5% interest
-Accepting additional compensation for their normal working duties
-Negotiating a contract with the state within six months of being a state employee
-Lobbying his former employer within three years of state employment
-Representing another before his former employer within three years of state employment
-Accepting outside employment with a business that is regulated by his state agency
|
PC §522.040
EC §6.761
EC §6.731
EC §6.741
EC §6.737
EC §6.734
EC §11A.040;
EC §11A.990 for penalty
|
Class D Felony
1-5 years; $1,000 to $10,000, or double the gain from the offense, which ever is greater
|
|
|
-Abuse of public trust occurs when a public servant obtains public money or property subject to a known legal obligation, treats the money or property as his own and fails to make the required payment or disposition, can be committed in degrees.
|
PC §522.050
PC §522.030
PC §521.030
EC §6.751
|
Class D felony if the value of the offense is less than $10,000
1-5 years (see below for fines)
Class C felony if the value is $10,000-$100,000
5-10 years
Class B felony if the value is $100,000 or more
10-20 years
Convicted officials can’t hold public office.
Fines for felonies are $1,000 to $10,000, or double the gain from the offense, which ever is greater.
|
| |
-Official misconduct in the first degree
-Unlawful compensation for assistance in public matters
For legislators:
-Use of influence on a matter on which the legislator has a personal interest
-Use of public fund, time or personnel for personal for private gain or for unlawful political activity
-Use of position to create privileges for oneself
-Acceptance of gifts from a legislative agent
-Intentionally filing a false financial disclosure statement
|
PC §522.020
PC §521.040
EC §6.731
EC §6.751
EC §6.797
|
Class A misdemeanor
Max 1 year; $500
|
|
|
-Official misconduct in the second degree
-Solicitation of unlawful compensation
For legislators:
-Acceptance of additional compensation or gifts for performance of legislative duties
|
PC §522.030
PC §521.030
EC §6.751
|
Class B misdemeanor
Max 90 days; $250
|
|
|
-Giving and taking bribes applying to legislators and state officials
|
CC §432.350
|
Removal from office; cannot vote for 10 years
|
|
Louisiana
|
-Political payroll padding
- Malfeasance in office
-Public salary deduction
-Public salary extortion
|
CC §14:139
CC §14:134
CC §14:135
CC §14:36
|
Max 5 years; $5,000
|
|
|
-Public bribery
|
CC §14:118
|
Max 5 years; $1,000
|
| |
-Public payroll fraud
-Public contract fraud includes deriving a personal benefit from a public contract.
|
CC §14:138
CC §14:140
|
Max 2 years; $1,000
|
|
|
-Any violation of the Code of Ethics by an elected official, public employee, or other person
|
EC §42.1101; penalties found in
§42.1151, et seq.
|
The Ethics Adjudicatory Board may censure the elected official person, or impose a fine of not more than $10,000 or both; or may remove, suspend, or order a reduction in pay, or demotion of the public employee or other person, or impose a fine of not more than $10,000 or both. The Board of Ethics can impose fees for late filing of reports.
|
|
Maine
|
-Bribery in official and political matters
|
CC Title 17A, Chap. 25, §602
|
Class C crime
Max 5 years; $5,000
|
|
|
-Improper influence
-Improper compensation for past action
-Purchase of public office
|
CC Title 17A, Chap. 25, §603, §604
§607
|
Class D crime
Max 1 year; $2,000
|
|
|
-Intentional filing of a false statement of economic interest
-Improper gifts to public servants
-Improper compensation for service
-Official oppression
-Misuse of information
|
EC Title 1, Chap. 25, §1019
CC Title 17A, Chap. 25, §605, §606
§608
§609
|
Class E crime
Max 6 months.; $1,000
|
|
Maryland
|
-Bribery
*Note: Under: State Government, Title 15: Public Ethics of the Annotated Code of Maryland, can find violations for public officials, but no mention of their criminal penalties
|
CC §9-201
|
Misdemeanor
2-12 years; $500-$1,000. Those convicted can’t vote or hold a state office of profit or trust.
|
|
Massachusetts
|
-Having financial interest, directly or indirectly, in a contract made by a state agency, of which he has knowledge or has reason to know
|
CC §268A(7)
|
State prison 5 years max or jail or house of correction for max 2 ½ years; $10,000
|
|
|
-Corrupt gifts, offers or promises to influence official acts
|
CC §268A(2)
|
Max 3 years; $5,000
Cannot hold state, county or local office in future
|
|
|
-Gifts, offers or promises for acts performed or to be performed; solicitation of gifts
-Receiving or requesting other compensation; promising or offering other compensation
-Acting as agent or attorney for other than state
-Former state employees acting as attorney or receiving compensation
-Violating restrictions on former state employees
|
CC §268A(3)
CC §268A(4)
CC §268A(5)
|
Max 2 years; $3,000
|
|
Michigan
|
-Public officer accepting bribe
|
PC §750.228
|
Felony
Max 10 years; $5,000
|
|
|
-Giving or receiving gifts to influence official action; turning in a false receipt
|
PC §750.125
|
Misdemeanor
Max 1 year; $1,000
|
|
Minnesota
|
-Bribery
|
CC §609.42
|
Max 10 years; $20,000
Forfeiture of office
|
| |
-Failure to pay over state funds.
-609.455 Permitting false claims against government
|
CC §609.445
|
Max 5 years; $10,000
|
|
|
-Misconduct of public officer or employee involves failure to perform functions of job; performing functions unlawfully; intentionally injures others under the color of official authority; making a false return, certificate, official report, or other like document.
-Public office; illegally assuming; nonsurrender
|
CC §609.43
CC §609.44
|
Max 1 year; $3,000
|
|
|
-Public officer; unauthorized compensation
|
CC §609.45
|
Misdemeanor
|
| Mississippi |
-Offer of inducements to influence public official's action on award of contracts or accomplishment of official acts
|
CC §97-11-53 |
Felony
Max 10 years; $5,000
Forfeiture of office; Disqualification from holding office or employment in the state forever. |
| |
-Attorney general and district attorney not to advise or defend criminals |
CC §97-11-3 |
Misdemeanor
Max $500
Forfeiture of office
Can’t hold another office or profit or honor in state
|
|
|
-Railroad fares; government officials to pay same fare as general passengers; accepting and using free pass
|
CC §97-11-43
|
Misdemeanor
10-60 days; $50-$500
|
|
|
-Embezzlement; officers, trustees and public employees converting property to own use
|
CC §97-11-25
|
Max 20 years; $5,000
|
|
|
-Bribery; penalty when officer, agent or trustee accepts bribe
-Embezzlement; fraud committed in public office
|
CC §97-11-13
CC §97-11-29
|
Max 10 years; $5,000
Forfeiture of office
|
|
|
-Embezzlement; accounts to be kept by all public officers; false entries, false certificates, loan of public funds and fraud on the treasury.
|
CC §97-11-29
|
Max 10 years; Minimum fine of twice embezzled amount
|
|
|
-Alteration of records
|
CC §97-11-1
|
Max 10 yrs
|
|
|
-Extortion; collecting unauthorized fees and fees for services not actually rendered.
|
CC §97-11-33
|
Max 5 years; $5,000
Removal from office
|
|
|
-Embezzlement; officers and public agents failing to deliver money, records, etc. to successor
|
CC §97-11-27
|
1-10 years; $1,000
|
|
|
-Oath of office and bond; elected officials not to exercise duties before taking oath or giving bond, as required
|
CC §97-11-41
|
Max 1 year; $500
|
|
|
-Bond; approving worthless official bond
|
CC §97-11-9
|
Max 6 mos.; $500
|
|
|
-Intentional use or disclosure of private information
gained in the course of or by reason of his official
position or employment that could result in pecuniary
benefit for himself, any relative, or any other person
-Use of officialposition to obtain, or attempt to obtain,
pecuniary benefit other than that compensation
provided for by law
-Performing any service for any compensation during
his term of office or employment by which he attempts to
influence a decision of the authority of the governmental
entity of which he is a member; still a violation after
termination of his office or employment
-Purchasing of any claim, certificate, warrant or other
security issued by or to be paid out by the treasury of
the governmental entity of which he is a member
|
EC §24-5-105
Penalty found in
§24-5-109
|
Censure the individual or/and impose civil fine of up to $10,000; may recommend removal from office for elected officials; for employees, may recommend removal from office, decreased pay, or demotion
|
|
Missouri
|
-Knowing violation of any of the provisions found in the ethics laws for public officials and employees; second and subsequent offense
-Bribery of a public servant
-Acceding to corruption by a public servant
|
EC §105.478
(§105.450 - §105.498)
CC §576.010
CC §576.020
|
Class D felony
Max 4 years; $5,000 or double the amount gained by the infraction, not to exceed $20,000
|
|
|
-Official misconduct involves discriminating against state employees; demanding undue payment; collects extra taxes; orders unauthorized payment of money; other offenses included for county and local officials.
-Misuse of official information
|
CC §576.040
CC §576.050
|
Class A misdemeanor
Max 1 year; $1,000
|
|
|
-Knowing violation of any of the provisions found in the ethics laws for public officials and employees; first offense
-Knowingly filing a false financial disclosure statement
-Obstructing government operations
|
EC §105.478
(§105.450 - §105.498)
EC §105.492
CC §576.030
|
Class B misdemeanor
Max 6 months; $500
|
|
Montana
|
-Bribery in official and political matters
|
CC §45-7-101
|
Max 10 years; $50,000
Disqualified from holding public office in state
|
| |
-Violation of nepotism law by any public officer or employee or any member of any board, bureau, or commission of this state or any political subdivision thereof
|
EC §2-2-304
|
Misdemeanor
Max 6 months; $50-$1,000
|
|
|
-Accepting compensation for past official behavior
-Gifts to public servants by persons subject to their jurisdiction (accepting)
-Official misconduct by a public servant
|
CC §45-7-103
CC §45-7-104
CC §45-7-401
|
Max 6 months; $500
(Forfeiture of office)
|
|
Nebraska
|
-Filing afalse statement or report required by code section (includes financial disclosure form)
-Bribery
|
EC §49-14,134
CC §28-917
|
Class IV felony
Max 5 years; $10,000
|
|
|
-Official misconduct involves knowing violation of any statute or lawfully adopted rule or regulation relating to official duties
-Oppression under color of office
|
CC §28-924
CC §28-926
|
Class II misdemeanor
Max 6 months; $1,000
|
|
|
-Giving, receiving unlawful gifts given to influence official action
-Use of office or state property or confidential information for personal gain
-Knowing violation of sections 49-14,103.01 to 49-14,103.03
-Official or full-time employee of executive branch; not to represent a person or act as an expert witness
-Misuse of official information
|
EC §49-14,101
EC §49-14,101.01
EC §14-49,103.04
EC §49-14,104
CC §28-925
|
Class III misdemeanor
Max 3 months; $500
|
|
|
-Negligent violation of sections 49-14,103.01 to 49-14,103.03
|
EC §49-14,103.04
|
Class V misdemeanor
Max $100
|
|
Nevada
|
-Asking or receiving bribe of executive or administrative officer
-Asking or receiving bribe of public officer or employee
|
CC §197.030
CC §197.040
|
Category C felony
1-5 years; Max $10,000
Forfeiture of office
|
|
|
-Unlawful to agree to divide salary
-Extortion by public officer or employee
|
CC §197.060
CC §197.170
|
Category D felony
1-4 years; Max $5,000
Forfeiture of office
|
|
|
-Misconduct of public officer
|
CC §197.110
|
Category E felony
1-4 years prison or probation; Max $5,000
Forfeiture of office
|
|
|
-Oppression under color of office
|
CC §197.200
|
If physical force is used, a Category D felony
1-4 years; Max $5,000
Forfeiture of office
If no force used, misdemeanor, Max 6 mos.; $1,000
|
|
|
-Fraudulent appropriation of property
|
CC §197.210
|
If violation worth $250 or more, category D felony
1-4 years; Max $5,000
Forfeiture of office
If violation worth less than $250, misdemeanor
Max 6 mos.; $1,000
|
|
|
-Falsely auditing or paying claim
|
CC §197.150
|
If claim amount is less than $250, misdemeanor
Max 6 mos.; $1,000
If claim amount is greater than $250, Category D felony
1-4 years; Max $5,000
Forfeiture of office
|
|
|
-Offering reward for appointment
-False report by public officer
-Refusal to surrender public office
-Public officer making false certificate
-Wrongful exercise of official power
-Improperly influencing member of legislative body (legislators are guilty if they solicit or accept improper influence)
|
CC §197.080
CC §197.130
CC §197.120
CC §197.140
CC §197.180
CC §198.010
|
gross misdemeanor
Max 1 year; $2,000
|
|
|
-Other violations by officers: willful disobedience of any other law regulating his position
|
CC §197.220
|
Misdemeanor
Max 6 mos.; $1,000
|
|
|
-Seeking or accepting any gift, service, favor, employment, engagement, emolument or economic opportunity which would influence a reasonable person in the public officer’s or employee’s position to depart from the faithful and impartial discharge of duties
-Using position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages
-Approving, disapproving, voting, abstaining from voting or otherwise acting upon a manner regarding which the public officer or employee has accepted a gift or loan, has pecuniary interest, or which would reasonably be affected by a commitment in a private capacity to the interest of others
|
(Penalties found EC
§281.480)
EC §281A.400
EC §281.420
|
Up to $5,000 for first violation; up to $10,000 for second violation; up to $25,000 for third violation
|
|
New Hampshire
|
-False certification by an officer or employee of the state
-False statement in connection with awarding of contracts
-Bribery in official and political matters
-Improper influence; public servants failing to report
|
EC §96:1
EC §96:2
CC §640:2
CC §640:3
|
Class B felony
Max 7 years; $4,000
|
|
|
-Public officials barred from purchasing goods, services or property worth more than $200 from the state or political subdivision under which he holds office
-Public officials barred from insurance dealings
-Compensation for past action
-Gifts to public servants; public servants accepting gifts
-Compensation for services
-Purchase of public office
-Official Oppression
-Misuse of information
|
EC §95:1
EC §95:1A
CC §640:4
CC §640:5
CC §640:6
CC §640:7
CC §643:1
CC §643:2
|
Misdemeanor
|
|
New Jersey
|
-Bribery in official and political matters
-Acceptance or receipt of unlawful benefit by public servant for official behavior
-Official misconduct
|
CC §2C:27-2
CC §2C:27-10
|
If the bribe/benefit is $200 or less, Crime of the third degree
3-5 years; Max $15,000
If bribe is more than $200, Crime of the second degree
5-10 years; Max $150,000
|
|
|
-Unlawful official business transaction where interest is involved; grading; conditions
|
CC §2C:27-9
|
Crime of the fourth degree
Max 18 mos.; Max $10,000
|
|
|
-No state officer, employee, or member of the Legislature shall:
-Representation, appearance or negotiation, directly or indirectly, for acquisition or sale of property by state
-Representation of state agency in transaction involving pecuniary interest
-Disclosure or use for personal gain of information not available to public
-Solicitation, receipt or agreement to receive thing of value for service related to official duties
|
(penalties found
§52-13D-21(i))
EC §52:13D-15
EC §52:13D-20
EC §52:13D-25
EC §52:13D-24
|
$500 - $10,000; suspension from office for 1 year; if decided to be willful and continuous disregard of the code of ethics, may be removed from office and may further bar from holding any public office in the State for a 5 year period
|
|
New Mexico
|
-Demanding or receiving bribe by public officer or public employee
|
CC §30-24-2
|
Third degree felony
3 years; $5,000
Forfeiture of office
|
|
|
-Requesting a thing of value in exchange for official action
-Taking an official act for the primary purpose of directly enhancing his own financial interest or financial position
-Willful violation of financial disclosure requirements
-Paying or receiving public money for services not rendered
-Making or permitting false public voucher
-Unlawful interest in public contracts where the value received by him is more than $50
-Tampering with public records
|
EC §10-16-3
EC §10-16-4
EC §10-16A-7
CC §30-23-2
CC §30-23-3
CC §30-23-6
CC §30-26-1
|
Fourth degree felony
18 months; Max $5,000
|
|
|
Knowingly and willingly:
-Obtaining personal benefits incompatible with the public interest
-Accepting honoraria
-Using confidential information for private gain
-Unlawful contracting
-Unlawful speculation in claims against state
-Unlawful interest in public contracts where the value received by him is $50 or less
-Refusal to surrender public record
-Willful neglect of duty
|
(EC Penalty found
§10-16-17)
EC §10-16-3
EC §10-16-4
EC §10-16-6
EC §10-16-7; §10-16-8; §10-16-9
CC §30-23-5
CC §30-23-6
CC §30-26-2
EC §10-17-12
|
Misdemeanor
Max 1 year; $1,000
10-60 days; $100-$500
|
|
|
-Demanding illegal fees involves asking for anything of value greater than that fixed or allowed by law for the execution or performance of any service
|
CC §30-23-1
|
Petty Misdemeanor
Max 6 mos.; $500
|
|
New York
|
-Bribe receiving in the first degree
|
PC §200.12
|
Class B felony
Max 25 years; $5,000 or double the gain
|
|
|
-Bribe receiving in the second degree (more than $10,000)
-Receiving reward for official misconduct in the first degree
|
PC §200.11
PC §200.27
|
Class C felony
Max 15 years; $5,000 or double the gain
|
|
|
-Unlawful fees and payments
-Bribery of members of the legislature
|
EC § 77
EC §75
|
Felony
Max 10 years; $5,000
Forfeiture of office; disqualified from holding future office
|
|
|
-Receiving bribes by members of legislature.
-Bribe receiving in the third degree (less than $10,000)
-Bribe giving for public office
-Bribe receiving for public office
|
EC §76
PC §200.10
PC §200.45
PC §200.50
|
Class D felony
Max 7 years; $5,000 or double the gain
Forfeiture of office, disqualification from holding future office
|
|
|
-Defrauding the government
-Receiving reward for official misconduct in the second degree
|
PC §195.20
PC §200.25
|
Class E felony
Max 4 years; $5,000 or double the gain
|
|
|
-Official misconduct
-Receiving unlawful gratuities
|
PC §195.00
PC §200.35
|
Class A misdemeanor
Max 1 year; $1,000 or double the gain
|
|
|
-Knowing and willful violation of financial disclosure statute
|
EC §73-A
|
Decided by State’s ethics commission, either a
Civil penalty, up to $10,000; or, Class A misdemeanor
Max 1 year; $1,000 or double the gain
|
|
North Carolina
|
-Embezzlement of State property by public officers and employees
|
CC §14-91
|
If value is $100,000 or more, a Class C felony, Max. 50 years, fine determined by court, or both;
If value is less than $1,000, a Class F felony,
Max. 20 years , fine determined by court, or both
|
|
|
-Bribery of officials (giving or receiving)
|
CC §14-217
|
Class F felony
Max. 20 years, fine determined by court, or both
|
|
|
-Buying and selling offices
|
CC §14-228
|
Class I felony
Max. 5 years, fine determined by court, or both
|
|
|
-Failing to make reports and discharge other duties
-Swearing falsely to official reports (county officials)
-Public officers or employees benefiting from public contracts
-Misuse of confidential information
-Demanding or receiving compensation of subordinates for appointment or retention
-Acting as officer before qualifying as such
-Willfully failing to discharge duties
|
CC §14-231
CC §14-232
CC §14-234
CC§14-234.1
EC §128-4
CC §14-229
CC §14-230
|
Class 1 misdemeanor
Max 1-45 days
( fine at discretion of court)
(Forfeiture of Office)
|
|
|
-Obtaining repairs and supplies for private vehicle at expense of State
|
CC §14-247
|
Class 2 misdemeanors
Max 1-30 days; $1,000
|
|
North Dakota
|
-Publishing false statements
-Bribery
-Illegal influence between legislators or between legislators and governor; trading votes or trading official actions or bribes
-Disclosure of confidential information provided to government.
|
EC §54-06-12
CC §12.1-12-01
CC §12.1-12-02
CC§12.1-13-01
|
Class C felony
Max 5 years; $5,000
|
|
|
-Unlawful compensation for assistance in government matters
-Trading in public office and political endorsement for appointments or nominations)
-Speculating or wagering on official action or information.
-Public servant's interest in public contracts.
-Official oppression
-Publication of false information in political advertisements
-Use of state or political subdivision services or property for political purposes
|
CC §12.1-12-03
CC §12.1-12-04
CC §12.1-13-02
CC §12.1-13-03
CC §12.1-14-01
EC §16.1-10-04
EC §16.1-10-02
|
Class A misdemeanor
1 year; $2,000
|
|
|
-Arresting a member or officer of the legislature in violation of a member’s or officer’s privilege from arrest
-Disorderly conduct in the immediate view of the house and directly tending to interrupt its proceedings
-Refusing to attend and be examined as a witness, either before the house or a committee thereof, or before any person authorized to take testimony in legislative proceedings
-Giving or offering a bribe to a member or attempting by menace or other corrupt means or device, directly or indirectly, to control or influence a member in giving the member’s vote or to prevent the member giving the same
|
EC §54-03-17
(Penalty found
§54-03-18)
|
Class A misdemeanor
Max 30 days
|
|
|
-Intentional violation of statement of economic interest statutes
|
EC §16.1-09-07
|
Class B misdemeanor
Max 30 days; $1,000
Forfeiture of office
|
|
Ohio
|
-Bribery
|
CC §2921.02
|
Felony of the third degree
1-5 years; Max $10,000
forever disqualified from holding public office
|
|
|
-Having an unlawful interest in a public contract: authorizing contracts in which the public officer, a member of his or her family, or an associated business has an interest.
|
CC §2921.42
|
Felony of the fourth degree
6-18 months; Max $5,000
|
|
|
-Theft in office; restitution; withholding of retirement benefits
|
CC §2941.21
|
Felony of the fifth degree if under $500
6-12 months; Max $2,000
Felony of the fourth degree if $500-$5,000
6-18 months; Max $5,000
Felony of the third degree if more than $5,000
1-5 years; Max $10,000
Disqualification from holding office in all cases. Retirement benefits taken for restitution
|
|
|
-Filing a false financial disclosure statement
-Representation by present or former public official or employee
-No compensation to elected or appointed state official other than from agency served
-Having an unlawful interest in a public contract; during public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member; have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision with which the public official is connected; have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and involves more than $150
-Soliciting or accepting improper compensation
-Interfering with civil rights
|
EC §102.07
EC §102.03
EC §102.04
(Penalties §102.99)
CC §2921.42
CC §2921.43
CC §2921.45
|
Misdemeanor of the first degree
180 days; $1,000
|
|
|
-No public official of the state shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the general assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected
-No public servant shall recklessly fail to perform a duty or recklessly do any act expressly forbidden by law
|
CC §2921.44
|
Misdemeanor of the second degree
Max 90 days; $750
|
|
|
-Failure to file a statement of financial disclosure
-Accepting unlawful gifts from lobbyists
-Disclosure of confidential information.
|
EC §102.31
(Penalties §102.99)
CC §2921.24
|
Misdemeanor of the fourth degree
Max 30 days; $250
|
|
Oklahoma
|
-Embezzlement and false accounts by state officers
|
CC §21-341
|
Felony
1-20 years; Max $500
Forfeiture of office, disqualification from future office
|
|
|
-Soliciting bribes, trading votes
|
CC §21-309
|
Felony
Max 10 years; $5,000
Forfeiture of office, disqualification from future office
|
|
|
-Offering or receiving a bribe
|
CC §21-318
|
Felony
2-5 years; $1,000-$5,000
Forfeiture of office, disqualification from future office
|
|
|
-Member of legislature soliciting or securing employment with state department or institution for another, when the department is funded through legislative appropriation
|
CC §21-321
|
Felony
1-5 years; $100-$1,000
Forfeiture of office
|
|
|
-Coercing political participation of state employees.
|
CC §21-360
|
Felony
Max 2 years; $10,000
|
|
|
-Other violation of official conduct; occurs when a state officer willfully disobeys any provisions of law regulating his official conduct, in cases other than those specified
-Fraud by officer authorized to sell, lease or make contract
|
CC §21-343
CC §21-344
|
Misdemeanor
Max 1 year; $500
|
|
Oregon
|
-Bribe receiving
-Public investment fraud
|
CC §162.025
CC §162.117
|
Class B felony
Max 10 years; $250,000
|
|
|
-Filing false statements of financial disclosure required of the State Treasurer and certain other officials
|
EC §244.055
|
Class C felony
Max 5 years; $125,000
|
|
|
-Official misconduct in the first degree
|
CC §162.415
|
Class A misdemeanor
Max 1 year; $6,250
|
|
|
-Misuse of confidential information
|
CC §162.425
|
Class B misdemeanor
Max 6 months; $2,500
|
|
|
-Official misconduct in the second degree
|
CC §162.405
|
Class C misdemeanor
Max 30 days; $1,250
|
| |
-Soliciting or receiving, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest, during a calendar year
-Using or attempting to use official position or office to obtain financial gain or avoidance of financial detriment, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of official position or office
-Soliciting or receiving, directly or indirectly, honoraria if the honoraria are solicited or received in connection with the official duties of the public official
-Appoint, employ or promote a relative or member of the household to, or discharge, fire or demote a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control; unless complies with conflict of interest requirements
|
EC §244.025
EC §244.040
EC §244.042
EC §244.177
|
Civil penalty of up to $5,000; if public official financially benefitted from violation, can fine twice the amount realized in addition to original fee
|
|
Pennsylvania
|
-Bribery in official and political matters
|
CC §4701
|
Felony of the third degree
Max 7 years; $2,500-$15,000
|
|
|
-Unlawful to engage in conduct that constitutes a conflict of interest
-Unlawful to accept or seek improper influence
|
EC §1103(a)
EC §1103(b)
|
Felony
Max 5 years; $10,000
|
|
|
-Willfully affirming or swearing falsely in regard to any material matter before an ethics commission proceeding
|
EC §1109(e)
|
Felony
Max 5 years; $5,000
|
|
|
-Official oppression
-Speculating or wagering on official action or information
|
CC §5301
CC §5302
|
Misdemeanor of the second degree
Max 2 years; $500-$5,000
|
| |
-Improperly representing another before a state agency
-Accepting an honorarium
-Soliciting or accepting a severance payment or anything of monetary value contingent upon the assumption or acceptance of public office or employment
-Improperly contracting with the state
-Vote on a matter in which there is a conflict of interest
-Improperly files or does not file a statement of economic interest
|
EC §1105
|
Misdemeanor
Max 1 year; $1,000 (Anyone who gains financially from a violation must pay three times the gain)
|
|
Rhode Island
|
-Solicitation or acceptance of bribe by agent, employee, or public official
|
EC §11-7-3
|
Felony
Max 20 years; $5,000-$50,000 or three times the bribe
|
|
|
-Having an interest in conflict with official duties
-Disclosing confidential information
-Representing another before his or her employing agency
-Acting as an expert witness before employing agency
-Violating post-employment restrictions
-Soliciting or accepting things of value based on an understanding that it will influence his or her official action
-Entering into contracts with the state unless through open, competitive bidding
-Threatening a witness appearing before the state ethics commission
|
EC §36-14-19 (Penalty found §36-14-19)
|
Misdemeanor
Max 1 year; $1,000
Max 5 years; $500
|
|
|
-Failure to pay state funds into treasury
|
CC §11-28-1
|
Max 5 years; $500
|
|
|
-Failure of officer to pay over fines, forfeitures, or penalties
|
CC §11-28-2
|
Three times the value of the amount not forfeited
|
|
South Carolina
|
-Offering, giving, soliciting, or receiving anything of value to influence action of public employee, member, or official, or to influence testimony of witness
|
EC §18-13-705
|
Felony
Max 10 years; $10,000
Forfeiture of office, disqualification from future office
|
|
|
-Use of official position or office for financial gain
-Failure to report particular gifts received by public employee, official, or member on statement of economic interests
-Offering, soliciting, or receiving money for advice or assistance of public official, member or employee
-Representation of another by public official, member, or employee before a governmental entity
-Paid representation of clients and contracting by member of General Assembly or associate in particular situations
-Nepotism
-Restrictions on former public official, member, or employee serving as lobbyist or accepting employment in field of former office
-Employment by government contractor of former public official, member, or employee who was engaged in procurement
-Use of government personnel or facilities for campaign purposes
-Members of General Assembly prohibited from serving on state boards and commissions
-Public official, member, or employee with official function related to contracts not permitted to have economic interest in contracts
|
EC §18-13-700
EC §18-13-710
EC §18-13-720
EC §18-13-740
EC §18-13-745
EC §18-13-750
EC §18-13-755
EC §18-13-760
EC §18-13-765
EC §18-13-770
EC §18-13-775
|
Misdemeanor
Max 1 year; $5,000
|
|
|
-Acceptance of bribes
|
CC §16-9-220
|
2-10 years; $5,000
Forfeiture of office; Disqualification from future office
|
|
|
-Use or disclosure of confidential information by public official, member, or employee for financial gain
|
EC §18-13-725
|
Max 5 years; $5,000
|
|
|
-Acceptance of rebates or extra compensation
|
CC §16-9-230
|
3 months-5 years; $100-$500
|
| |
-Offering bribe for purpose of inducing another to procure public office
|
CC §16-9-280
|
Max 6 months; $100-$500
|
| |
-Acceptance of bribes for purpose of procuring public office |
CC §16-9-290
|
Max $100; prison at court’s discretion
|
|
South Dakota
|
-Solicitation of bribes by legislators
-Bribery or unlawful influence of legislators
-Bribery of public officer
Solicitation of bribes by public officer
|
CC §22-12A-5
CC §22-12A-4
CC §22-12A-6
CC §22-12A-7
|
Class 4 felony
Max 10 years; $10,000
Forfeiture of office; disqualification from future office
|
|
|
-Unlawful assumption of public office
-Receiving consideration for allowing unlawful assumption of public office
-Solicitation of unauthorized fee for doing official act
-Solicitation of compensation for omission of official duty
|
CC §22-12A-1
CC §22-12A-2
CC §22-12A-8
CC §22-12A-9
|
Class 1 misdemeanor
Max 1 year; $1,000
Forfeiture of office; disqualification from future office
|
|
|
-Improper interest by public officers in state contracts
-Willful failure to perform official duty
-Keeping office or property at unauthorized place
-Failure to submit statements of financial interest
|
EC §3-16-7
EC §3-16-1
EC §3-16-2
EC §3-1A-6
|
Class 2 misdemeanor
30 days; $200
|
|
Tennessee
|
-Bribery of public servant; public servant accepting or agreeing to accept a bribe
|
CC §39-16-102
|
Class B felony
8-30 years; Max $25,000
|
|
|
-Buying and selling in regard to offices
|
CC §39-16-105
|
Class C felony
3-15 years; Max $10,000
|
|
|
-Soliciting unlawful compensation
-Official misconduct
-Official oppression
-Misuse of official information
|
CC §39-16-104
CC §39-16-402
CC §39-16-403
CC §39-16-404
|
Class E felony
1-6 years; Max $3,000
|
|
|
-Knowingly or willfully committing misconduct in office; neglecting to perform any duty enjoined upon such officer by any laws of the state
-Appearing in public place in a state of intoxication produced by strong drink voluntarily taken
-Engaging in any form of illegal gambling
-Committing any act constituting violation of any penal statue involving moral turpitude
|
EC §8-47-10
|
Removal from office
|
|
Texas
|
-Offering, conferring, or agrees to confer on another, or solicits, accepts, or agrees to accept a bribe
|
PC §36.02
|
Felony of the second degree
2-10 years; Max $10,000
|
|
|
-Misuse of official information
|
PC §39.06
|
Felony of the third degree
2-10 years; Max $10,000
|
|
|
-Abuse of official capacity; misuse of government property
|
PC §39.02
|
Value under $20:
Class C misdemeanor
Max $500
Value $20-$500:
Class B misdemeanor
Max 180 days; $2,000
Value $500-$1,500:
Class A misdemeanor
Max 1 year; $4,000
Value $1,500-$20,000:
State jail felony
180 days-2 years; Max $10,000
Value $20,000-$100,000:
Felony of third degree
2-10 years; Max $10,000
Value $100,000-$200,000:
Felony of second degree
2-20 years; Max $10,000
Value over $200,000:
Felony of first degree
5-99 years; Max $10,000
|
|
|
-Voting by legislators on certain measures that directly benefit a specific business transaction of a business entity in which the member has a controlling interest
-Representation by legislators before state agencies for compensation
-Representation of former officer or employee of regulatory agency restricted
-Contracts by state officers with governmental entities
-Acceptance of honorarium
-Gift to public servant by person subject to his jurisdiction
-Abuse of official capacity; knowing violation of a law relating to the public servant’s office
-Official oppression
|
GC §572.053
GC §572.052
GC §572.054
GC §572.056
PC §36.07
PC §36.08
PC §39.02
PC §39.03
|
Class A misdemeanor
Max 1 year; $4,000
|
|
|
-Knowing failure to file financial disclosure statements
|
GC §572.034
|
Class B misdemeanor
Max 180 days; $2,000
|
|
|
-Coercing another to suppress information
|
PC §39.06
|
Class C misdemeanor
Max $500
|
| |
-Criminal penalty for nepotism violation
|
GC §572.084
|
Misdemeanor
$100-$1,000
|
|
Utah
|
-Misusing public monies; more than $5,000
|
CC §76-8-402
|
Felony of the second degree
1-15 years; Max $10,000
|
|
|
-Alteration of proposed legislative bill or resolution
-Alteration of enrolled legislative bill or resolution
-Misusing public monies
-Failure to keep and pay over public monies
-Making profit from misusing public monies
-Stealing, destroying or mutilating public records by custodian
|
CC §76-8-107
CC §76-8-108
CC §76-8-402
CC §76-8-403
CC §76-8-404
CC §76-8-412
|
Felony of the third degree
Max 5 years; $5,000
|
|
|
-Bribery or offering a bribe
-Receiving or soliciting a bribe or bribery by a public servant
|
CC §76-8-103
CC §76-8-105
|
If gain less than $1,000, third degree felony
Max 5 years; $5,000
If gain more than $1,000, second degree felony1-15 years; Max $10,000
|
|
|
-Improperly disclosing or using private, controlled, or protected information
-Using position to secure privileges or exemptions
-Accepting employment which would impair independence of judgment or ethical performance
-Accepting gift, compensation, or loan
-Requiring donation, payment, or service to government agency in exchange for approval
-Participation in transaction involving business as to which the public officer or employee has interest
-Conflicts of interests prohibited
-Inducing others to violate chapters
|
EC §67-16-4
EC §67-16-5
EC §67-16-5.3
EC §67-16-8
EC §67-16-9
EC §67-16-10
(Penalties found §67-16-12)
|
If gain is worth more than $1,000, felony of the second degree (1-15 years; Max $10,000)If gain is $250-$1,000, or gain is less than $250 and the public servant has been twice previously convicted under chapter, a felony of the third degree (Max 5 years; $5,000)If gain is $100-$250, a class A misdemeanor (Max 1 year; $2,500)If gain less than $100, class B misdemeanor (Max 6 mos. $1,000)For all of the above, removal from office
|
|
|
-Official misconduct; unlawful acts based on “inside” information
|
CC §76-8-202
|
Class A misdemeanor
Max 1 year; $2,500
|
|
|
-A legislator, member of his household, or client having an interest in the profits or benefits of a state contract when the state contract is the direct result of a bill sponsored by the legislator unless the contract is let in compliance with state procurement policies and is open to the general public
-Failure of member of Legislature to disclose interest in measure or bill
-Official misconduct; unauthorized acts or failure of duty
-Unofficial misconduct
|
EC §36-19-1
CC §76-8-109
CC §76-8-201
CC §76-8-203
|
Class B misdemeanor
Max 6 mos.; $1,000
|
|
Vermont
|
-Public officers or employees accepting bribes
|
CC 13 §1102
|
If benefit less than $500, Max 2 years; $5,000.If benefit more than $500, Max 10 years; $10,000.
|
|
|
-Kickbacks; purchasing supplies
-Kickbacks; granting licenses
-Kickbacks; private corporations
|
CC 13 §1106
CC 13 §1107
CC 13 §1108
|
If benefit less than $500, Max 2 years; $5,000.If benefit more than $500, Max 5 years; $10,000.
|
|
|
-Neglect of duty by public officers
|
CC 13 §3006
|
Max 1 year; $1,000
|
|
|
-Taking illegal fees
|
CC 13 §3010
|
Max $100
|
|
Virginia
|
-Embezzlement of public or other funds
-Acceptance of bribe by officer or candidate
|
CC §18.2-112
CC §18.2-439
|
Class 4 felony
2-10 years; max $100,000
Forfeiture of office, Forever disqualified from future office
|
|
|
For legislators (Title 30, Chapter 13) and public officials (Title 2.2, Chapter 31):
-Solicitation or accepting additional compensation for regular work duties
-Offering or accepting a thing of value for employment
-Offering or accepting a thing of value for the use of his or her official position to obtain a contract with another
-Accepting a thing of value that tends to influence decision making
-Representing clients unlawfully before certain agencies during the year after state employment
-Accepting honorariums
-Accepting certain appointments to boards
-Having interests in certain contracts
-False entries or destruction of records by officers
|
Penalty found for legislators §30-123, for public officers, employees §2.2-3120
CC §18.2-472
|
Class 1 misdemeanor
Max 1 year; $2,500
(Forfeiture of office. Forever disqualified from future office)
|
|
Washington
|
-Misappropriation and falsification of accounts by public officer
-Bribery; offering, conferring, accepting, or agreeing to accept
|
EC §42.20.070
CC §9A.68.010
|
Class B felony
Max 10 years, $20,000
|
|
|
-Misappropriation by treasurer
-Requesting unlawful compensation
-Receiving or granting unlawful compensation
-Trading in public office
|
EC §42.20.090
CC §9A.68.020
CC §9A.68.030
CC §9A.68.040
|
Class C felony
Max 5 years, $10,000
|
|
|
-Powers may not be delegated for profit
-Intrusion into and refusal to surrender public office
-False report by a public officer
-Public officer making false certificate
-Falsely auditing and paying claims
-Official misconduct
-False certification made by public officer
|
EC §42.20.020
EC §42.20.030
EC §42.20.040
EC §42.20.050
EC §42.20.060
CC §9A.80.010
CC §9A.60.050
|
Gross misdemeanor
Max 1 year: $5,000
|
|
|
-Failure of duty by public officer
|
EC §42.20.100
|
Misdemeanor
Max 90 days; $1,000
|
|
West Virginia
|
-Bribery in official and political matters
|
CC §61-5A-3
|
Felony
1-10 years; disqualified from holding office
|
|
|
-Unlawful rewarding for past behavior
|
CC §61-5A-4
|
Misdemeanor
3 months-1 year; Max $5,000
|
|
|
-Gifts or gratuities to public servants
-Trading in public office
|
CC §61-5A-6
CC §61-5A-7
|
Misdemeanor
3 months-1 year; $50-$1,000
|
| |
-Disclosure of confidential information
-Representing clients before state agencies
-Representing others before state boards
|
EC §6B-2-10(a)
|
Misdemeanor
Max 6 months; $1,000
|
|
|
-Failure or refusal to file a financial disclosure statement
|
EC §6B-2-10(c)
|
Misdemeanor;
$100-$1,000
|
|
|
-Willfully and knowingly filing a false financial statement or concealing a material fact in filing the statement
|
EC §6B-2-10(b)
|
Max 1 year; $1,000
Disqualified from future office
and future jury duty
|
|
|
-Receiving bribe by officer in delay of service of process
|
CC §61-5-6
|
Misdemeanor
Max 6 months; $100
|
| |
-Failure to perform official duties
|
CC §61-5-28
|
Misdemeanor
$100
|
|
Wisconsin
|
-Bribery of public officers and employees
|
CC §946.10
|
Class H felony
Max 6 years; $10,000
|
|
|
-Giving or withholding votes
-Influence in return for things of value
-Special privileges from public utilities
-Misconduct in public office
-Private interest in public contract
-Purchasing claims at less than full value
-Public and publicly funded construction contracts at less than full value
|
EC §19.58(b)
CC §946.11
CC §946.12
CC §946.13
CC §946.14
CC §946.15
|
Class I felony
Max 3 years, 6 mos.; $10.000
|
| |
-Corrupt means to influence legislation
|
CC §946.17
|
Class A misdemeanor
Max 9 months; $10,000
|
|
|
-Judicial officer collecting claims
|
CC §946.16
|
Class B misdemeanor
Max 90 days; $1,000
|
|
|
-Failing to meet financial disclosure requirements
-Use of position for personal gain
-Accepting a thing of value from someone who could reasonably by except to be offering it to influence an official action
-Accept reimbursements in certain circumstances
-Disclose confidential information
-Use their public positions to gain unlawful privileges for themselves or others
-Enter into certain state contracts
-Represent others before state government in certain cases
-Appear before the department he or she formerly worked for within one year of leaving the department
-Failure to follow prohibitions on conflicts of interest
|
EC §19.58(a)
|
Max 1 year
$100-$5,000
|
|
Wyoming
|
-Bribery
-Compensation for past official behavior
-Soliciting unlawful compensation
|
CC §6-5-102
CC §6-5-103
CC §6-5-104
|
Felony
Max 10 years; $5,000
Removal from office
|
|
|
-Failure or refusal to account for, deliver, or pay over property
|
CC §6-5-111
|
Felony
5 years; $5,000
Removal from office
|
|
|
-Requiring or directing a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government
-Official misconduct
|
CC §6-5-105
CC §6-5-107
|
Misdemeanor
6 mos; $750
(Removal from office)
|
|
|
-Conflict of interest; receiving a personal benefit from a state contract
|
CC §6-5-106
|
Misdemeanor
Max $5,000
Removal from office
|
|
|
-Issuing false certificates
-Wrongful appropriation of public property
|
CC §6-5-108
CC §6-5-110
|
Misdemeanor
Max $1,000
|
| |
-Failure to meet financial disclosure requirements
-Voting on matters in which the legislator has a private interest
-Misuse of office
-Nepotism
-Use of prestige of office for private gain
|
EC §9-13-109
|
Misdemeanor
Max $1,000
|
|
Guam
|
-Receiving and giving bribes
|
CC §49.30
|
Felony of the first degree
|
| |
-Failing to file a felony conviction report that is required, or knowingly and willfully filing a felony conviction report that contains false or misleading information
|
EC §13106(b)
|
Third degree felony
90 days-3 years; $5,000 for each non-disclose felony conviction
|
| |
-Unlawful influence by extortion
|
CC §49.50
|
Felony of the third degree
|
| |
-Unlawful disbursement of public funds appropriated by I Liheslaturan Guåhan (Guam Legislature) to exceed the amount and purposes stated in the appropriation or change or shift appropriations from one item to another by officer, clerk, or other person
|
EC §14110
|
Malfeasance in office; upon conviction, Misdemeanor
Max 3 years; fined at discretion of the court
|
| |
-Failing to file a financial report that is required, or knowingly and willfully filing a false financial report
-Use of information for private gain
-Official misconduct
|
EC §13106(a)
CC §49.80
CC §49.90
|
Misdemeanor
|
| |
-Soliciting, accepting, or receiving, directly or indirectly, any gift valued singly or in the aggregate from a single source in excess of $200 if gift is intended or inferred that it is intended to influence the official’s performance
-Failure to file a gift disclosure statement
-Disclosing confidential information
-Using or attempting to use an official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment
-Taking official action that is in line with a conflict of interest
-Violating post employment restrictions
|
EC §15201
EC §15202
EC §15203
EC §15204
EC §15205
EC §15210
|
In addition to any other powers the Civil Service Commission or other government agency may have to discipline, may reprimand, put on probation, demote, suspend, or discharge official or employee
(Penalty found §15404)
|
|
Puerto Rico
|
-Disregarding the laws in effect
-Delaying the rendering of services of hinder the efficient operations of the executive branch or executive agencies
-Using duties and powers of office to gain advantages, privileges, or benefits not permitted by law
-Requesting or accepting, whether directly or indirectly, additional compensation
-Soliciting or accepting, whether directly or indirectly, from any person whatsoever of monetary value, including gifts, loans, promises, favors or services in exchange for actions being of influence of that person or another
-Revealing or using confidential information
-Intervening in any matter having a conflict of interest
-Using any representative motifs, emblems, logos, buttons, signs, transfers, stickers, or insignias of any political party or candidate, or identify or promote, directly or indirectly, the electoral interests of any political part or candidate while in performance of their duties
-Accepting an employment or maintaining contractual or business relationships or responsibilities in addition to those of his public office or employment
-Contracting where there is a conflict of interest
-Representing or counseling any private person, directly or indirectly, before any executive agency, court or other government dependency, in cases and matters related to the Government of Puerto Rico, or in cases or matters that involve conflicts of interest or public policy, between the Government and the interests of said private person
-Violating any restrictions on employment for former public servants; includes disclosing information, receiving employment at any entity participated in during time of official employment
|
EC §1822
EC §1823
EC §1824
EC §1827
|
Felony
Depending on circumstances: 9 months-2 years;
$1,000-$3,000;
Disqualified from public office or employment; Any person who financial gains will pay a sum of up to 3 times the amount gained
(Penalties found §1828)
|
| |
-Aggravated misappropriation
-Extortion
-Undue intervention in government operation
-Bribery; Aggravated bribery
-Offer to bribe
-Undue influence
-Crimes against public funds
-Forgery of documents; preparation, presentation, possession, and transfer of forged documents
|
EC §928b
|
Rescission of all contracts in effect between individual and agency or instrumentality of the Commonwealth Government; reimbursement of payments made with regard to the contract or contracts directed affected by the commission of the crime
(Penalty found §928c)
|
|
U.S. Virgin Islands
|
-Embezzlement or falsification of public accounts
-Neglecting to pay over public monies
|
CC §1662
CC §1663
|
Max 10 years; $10,000; disqualified from holding office
|
| |
-Offering or giving bribes to judicial officer
|
CC §401
|
Max 10 years; $2,000
|
| |
-Solicitation or receipt of bribes by public officials
-Acceptance of bribe by judicial officer
|
CC §403
CC §402
|
Max 5 years; $1,000
|
| |
-Extortion
-Blackmail
|
CC §701
CC §704
|
Max 5 years
|
| |
-False certificates by public officers
|
CC §1664
|
Max 2 years; $500
|
| |
-Disclosure of confidential trade secrets
|
CC §1665
|
Max 1 year; $1,000
|
| |
-Official oppression
|
CC §703
|
Max 1 year; $200
|