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ETHICS: Criminal Penalties for Public Corruption/Violations of State Ethics Laws
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State |
Violation |
Criminal Penalty |
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Alabama |
Ethics Code: Unintentional violation of Code of Ethics for Public Officials, Employees 36-25-27 |
Class A misdemeanor |
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Ethics Code: Intentional violation of Code of Ethics for Public Officials, Employees 36-25-27 |
Class B felony |
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Ethics Code: Intentional violation of financial disclosure statute |
Class A misdemeanor |
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Criminal Code: 13A-10-61. Bribery |
Class C felony |
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Criminal Code: 13A-10-62 Failure to disclose conflict of interest |
Class A misdemeanor |
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Criminal Code: Trading in public office |
Class A misdemeanor |
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Criminal Code: 13A-10-82 Misuse of confidential information |
Class B misdemeanor |
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Alaska |
Ethics Code: No criminal sanctions found |
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Criminal Code: 11.56.110. Receiving a bribe
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Class B felony |
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Criminal Code: 11.56.120 Receiving unlawful gratuities |
Class A misdemeanor |
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Criminal Code: 11.56.850 Official misconduct |
Same as above |
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Criminal Code: 11.56.860. Misuse of confidential information |
Same as above |
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Arizona |
Ethics Code: Intentional violation of 38-510, |
Class 6 felony |
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Ethics Code: Negligent violation of 38-510, |
Class 1 misdemeanor |
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Criminal Code: 13-2602 Bribery of a public servant or party officer |
Class 4 felony |
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Criminal Code: 13-2603 Trading in public office |
Class 6 felony |
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Arkansas |
Ethics Code: Failure to file, or falsely filing the financial disclosure statement 21-8-202 required of state employees |
Misdemeanor |
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Ethics Code: 21-8-903. Purposely violating provisions of subchapter 9; disclosure by legislators of sales to the state |
Class A misdemeanor |
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Criminal Code 5-52-101 to 5-52-108. Public servant bribery |
Class D felony |
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Criminal Code 5-52-101 to 5-52-108. Accepting unlawful compensation for speeches or appearances |
Unclassified |
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Criminal Code 5-52-101 to 5-52-108. Abuse of office |
Class B misdemeanor |
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Criminal Code 5-52-101 to 5-52-108. Trading in public office, unlawful compensation for past official action, soliciting unlawful compensation, misuse of confidential information |
Class A misdemeanor |
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California |
Ethics Code: No criminal sanctions found |
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Penal Code: Section 93 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,
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2-4 years. If bribe not actually received, $2,000-$10,000. If bribe received, actual amount or $2,000, whichever is greater, or any larger amount of not more than double the amount of any bribe received $10,000, whichever is greater. |
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Colorado |
Ethics Code: 24-18-103 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. The district attorney of the district where the trust is violated may bring appropriate judicial proceedings, which shall be in addition to any criminal action. Actions that constitute breach of fiduciary duty and the public trust for members of the general assembly include disclosing confidential information (24-18-104 (1)); accepting a gift of substantial value given in attempt to influence official action, (24-18-104(a)) accepting a fee, a contingent fee, or any other compensation, except his official compensation provided by statute, for promoting or opposing the passage of legislation (24-18-106(1)); lobbying, solicit lobbying business or contracts about issues before the general assembly (24-18-106(3)). Acts that constitute breach of the public trust for state officials and employees can also be found in this chapter as well. |
Penalties could not be found. |
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Criminal Code: 18-8-302 (3) Bribery |
Class 3 felony |
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Criminal Code 18-8-303. Compensation for past official behavior |
Class 6 felony |
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Criminal Code 18-8-304. Soliciting unlawful compensation |
Class 2 misdemeanor |
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Criminal Code 18-8-305 Trading in public office |
Class 1 misdemeanor |
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Criminal Code 18-8-307 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 |
Class 6 felony |
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Criminal Code 18-8-308 Failing to disclose a conflict of interest |
Class 2 misdemeanor |
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Criminal Code 18-8-402 Misuse of official information |
Class 6 felony |
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Criminal Code Official oppression |
Class 2 misdemeanor |
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Criminal Code 18-8-404. 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) |
Class 2 misdemeanor. |
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Criminal Code 18-8-405. Second degree official misconduct. (Knowingly, arbitrarily or capriciously refraining from performing an official job function or violating any statute or rule relating to office) |
Class 1 petty offense |
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Criminal Code 18-8-407. Embezzlement of public property |
Class 5 felony |
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Connecticut
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Ethics Code: Sec. 1-89. Intentional violation of Chapter 10; Codes of Ethics, first offense |
Class A misdemeanor |
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Ethics Code: Sec. 1-89. Intentional violation of Chapter 10; Codes of Ethics, first offense in which the offender derives a financial benefit of $1,000 or more; or second or subsequent offense |
Class D felony |
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Criminal Code: Bribe receiving |
Class C felony |
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Delaware |
Ethics Code 5805. Knowing violations of prohibitions relating to conflicts of interest:
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Misdemeanor |
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Ethics Code: 5815 Willful failure to file a financial disclosure report |
Class B misdemeanor |
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Ethics Code: 5815 Willful filing of a false financial disclosure report |
Class A misdemeanor |
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Criminal Code: Title 11; 1201. Receiving a bribe |
Class E felony |
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Criminal Code: Title 11; 1206. Receiving unlawful gratuities |
Class A misdemeanor |
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Criminal Code: Title 11; 1211. Official misconduct |
Same as above |
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Criminal Code: Title 11; 1212. Profiteering |
Same as above |
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Florida |
Ethics Code: No criminal sanctions found |
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Felony of the second degree Max 15 years; $15,000 | |
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Criminal Code: 838.016 Unlawful compensation or reward for official behavior |
Felony of the second degree Max 15 years; $15,000 |
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Criminal Code: 838.022 Official misconduct |
Felony of the third degree Max 5 years; $5,000 |
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Criminal Code: 838.21 Disclosure or use of confidential criminal justice information |
Felony of the third degree Max 5 years; $5,000 |
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Georgia |
Ethics Code: No criminal sanctions found |
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Criminal Code: 16-10-1 Intentionally violation of the terms of public oath |
1-5 years |
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Max 20 years; $5,000 | |
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Criminal Code: 16-10-4. (a) It is unlawful for any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor |
1-5 years |
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Criminal Code: 16-10-5. It is unlawful for any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof |
1-5 years |
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Criminal Code:16-10-9.(a) It shall be unlawful for: (1) Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of the state government |
Misdemeanor |
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Hawaii |
Ethics Code: No criminal sanctions found. |
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Criminal Code: 710-1040 Bribery |
Class C felony |
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Idaho |
Ethics Code: No criminal sanctions found |
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Criminal Code: 18-1356. 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. |
Misdemeanor |
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Criminal Code: 18-1302. Receiving a bribe |
Felony |
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Criminal Code: 18-1354 Accepting compensation for past official behavior |
Misdemeanor |
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Criminal Code: 18-1357. 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. |
Misdemeanor |
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Criminal Code: 18-1358. 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. |
Misdemeanor |
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Criminal Code: 18-1359. Using public position for personal gain |
Misdemeanor |
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Illinois |
Ethics Code: 5 ILCS 420/4A-107. Willful filing of false financial disclosure statement |
Class A misdemeanor |
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Ethics Code: 5 ILCS 420/2-101. Legislators engaging in lobbying |
Same as above |
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Ethics Code: 5 ILCS 420/2-104. Legislators who participate in representation cases unlawfully |
Same as above |
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Ethics Code: 5 ILCS 420/5-15. Engaging in prohibited political activities (state employees engaging in political activities during compensated time, state officials requiring them to do so.) |
Same as above |
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Ethics Code: 5 ILCS 420/5-30. Prohibited offer or promise (candidates and state officers promising jobs or other compensation in return for contributions.) |
Same as above |
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Ethics Code: 5 ILCS 420/5-45. Procurement; revolving door prohibition. |
Same as above |
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Ethics Code: 5 ILCS 420/5-40 Fundraising in Sangamon County (during legislative session) |
Same as above |
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Ethics Code: 5 ILCS 420/2-103. Legislators who accept other compensation for their official duties |
Petty offense |
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Criminal Code: 720 ILCS 645. Bribery |
Class 3 felony | |
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Indiana |
Ethics Code: No criminal sanctions found. |
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Criminal Code: IC 35-44-1-1. Bribery |
Class C felony |
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Criminal Code: IC 35-44-1-2. Official misconduct includes receiving personal benefit because of privileged information, neglecting to pass on public records and property to successor, among other things. |
Class A misdemeanor |
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Class D felony | |
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Criminal Code: IC 35-44-1-7 Profiteering from public service |
Class A infraction |
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Iowa |
Ethics Code: 68B.25 Knowingly and intentionally violating ethics provisions |
Serious misdemeanor |
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Criminal Code: 721.1 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. |
Class D felony |
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Criminal Code: 721.2 Nonfelonious 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. |
Serious misdemeanor |
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Criminal Code: 721.4 Using public motor vehicles for political purposes |
Same as above |
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Criminal Code: 721.10 Misuse of public records involves releasing public records or information for a greater fee than allowed by law. |
Same as above |
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Criminal Code: 721.11 Interest in public contracts. Unlawful interest in public contracts |
Same as above | |
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Kansas |
Ethics Code: 46-239, 46-251 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
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Class B misdemeanor |
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Criminal Code: Article 39. Crimes affecting public trusts. 21-3901. Bribery |
Severity level 7, nonperson felony |
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Criminal Code: 21-3902. 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 |
Class A nonperson misdemeanor |
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Criminal Code: 21-3902. Official misconduct: Knowingly destroying, tampering with or concealing evidence of a crime |
Severity level 8, nonperson felony |
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Criminal Code: 21-3902. Official misconduct: Willfully submitting to a governmental entity a claim for expenses which is false or duplicates another claim |
If claim less than $500, class A nonperson misdemeanor If claim is $500-$25,000, severity level 9 nonperson felony If claim is $25,000 or more, severity level 7, nonperson felony |
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Criminal Code: 21-3905. Permitting a false claim |
Same as above |
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Criminal Code: 21-3903. Compensation for past official acts |
Class B nonperson misdemeanor |
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Criminal Code: 21-3910. Misuse of public funds |
Severity level 8, nonperson felony |
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Criminal Code: 21-3911. Unlawful use of state postage. |
Class C misdemeanor |
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Kentucky |
Legislators’ Ethics Code: 6.761. Intentionally participating in a discussion, vote or other decision on a matter on which a legislator has a financial interest |
Class D Felony |
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Legislators’ Ethics Code: 6.731. Use of position for financial gain for self, family or business associate |
Same as above |
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Legislators’ Ethics Code: 6.731. Use of influence on a matter on which the legislator has a personal interest |
Class A misdemeanor |
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Legislators’ Ethics Code: 6.731. Use of public fund, time or personnel for personal for private gain or for unlawful political activity |
Class A misdemeanor |
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Legislators’ Ethics Code: 6.731. Use of position to create privileges for oneself |
Class A misdemeanor |
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Legislators’ Ethics Code: 6.741. Improperly contracting with public agencies |
Class D felony |
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Legislators’ Ethics Code: 6.737. Improperly leasing with the state |
Same as above |
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Legislators’ Ethics Code: 6.751. Acceptance of additional compensation or gifts for performance of legislative duties |
Class B misdemeanor |
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Legislators’ Ethics Code: 6.751 Acceptance of gifts from a legislative agent |
Class A misdemeanor |
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Legislators’ Ethics Code: 6.734 Disclosure or use of confidential information |
Class D felony |
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Legislators’ Ethics Code: 6.797 Intentionally filing a false financial disclosure statement |
Class A misdemeanor |
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Executive Branch Ethics Code: KRS 11A.040. Prohibited Actions (penalty under 11A.990):
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Class D felony |
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(Apply to legislators and state officials) Penal Code: 432.350 Giving and taking bribes. |
Removal from office; can’t vote for 10 years |
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Penal Code: 522.020 Official misconduct in the first degree is committed when a public servant intentionally for personal benefit or to injure another commits an unauthorized act, refrains from performing his or her job functions or violates a law or rule relating to the office. |
Class A misdemeanor |
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Penal Code: 522.030 Official misconduct in the second degree is committed when a public servant knowingly commits an unauthorized act or refrains from performing his or her job functions or violates a law or rule relating to the office. |
Class B misdemeanor |
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Penal Code: 522.040 Misuse of confidential information |
Class D felony |
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Penal Code: 522.050 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. |
Class D felony if the value of the offense is less than $10,000 Class C felony if the value is $10,000-$100,000 Class B felony if the value is $100,000 or more 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. |
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Penal Code: 521.030 Solicitation of unlawful compensation |
Class B misdemeanor |
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Penal Code: 521.040 Unlawful compensation for assistance in public matters |
Class A misdemeanor |
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Louisiana |
Ethics Code: No criminal sanctions found. |
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Criminal Code: RS 14:118. Public bribery |
Max 5 years; $1,000 |
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Criminal Code: RS14: 134. Malfeasance in office occurs when a public servant refuses to perform his duties or performs them in an unlawful manner |
Max 5 years; $5,000 |
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Criminal Code: RS 14:135 Public salary deduction occurs when a public official diverts money from his or another’s salary. |
Max 5 years; $5,000 |
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Criminal Code: RS 14:136. Public salary extortion |
Max 5 years; $5,000 |
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Criminal Code: RS 14:138. Public payroll fraud occurs when a public official puts someone on the payroll for services he or she did not actually provide. |
Max 2 years; $1,000 |
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Criminal Code: RS 14:139. Political payroll padding is when a public officer increases the number of staff in his or her office or increases the office operating expenses during the year before an election. |
Max 5 years; $5,000 |
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Criminal Code: RS 14:140. Public contract fraud includes deriving a personal benefit from a public contract. |
Max 2 years; $1,000 |
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Maine |
Ethics Code: Chapter 25; 1019 Intentional filing of a false statement of economic interest |
Class E crime |
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Criminal Code: Title 17A; Chapter 25; 602. Bribery in official and political matters |
Class C crime |
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Criminal Code Title 17A; Chapter 25; 603. Improper influence (for public officials, they’re guilty if someone tries to improperly influence them and they don’t report it |
Class D crime |
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Criminal Code Title 17A; Chapter 25; 604. Improper compensation for past action |
Class D crime |
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Criminal Code Title 17A; Chapter 25; 605. Improper gifts to public servants |
Class E crime |
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Criminal Code Title 17A; Chapter 25; 606. Improper compensation for service |
Class E crime |
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Criminal Code Title 17A; Chapter 25; 607. Purchase of public office |
Class D crime |
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Criminal Code Title 17A; Chapter 25; 608. Official oppression involves committing an unauthorized act and purporting it to be an official act, or knowingly refraining from performing a duty imposed on him by his office. |
Class E crime |
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Criminal Code Title 17A; Chapter 25; 609. Misuse of information |
Class E crime |
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Maryland |
Ethics code: No criminal sanctions for public officials found. |
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Criminal Code: 9-201. Bribery |
Misdemeanor |
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Massachusetts |
Ethics Code: State doesn’t have one. All provisions for public official conduct are in the criminal code, in CHAPTER 268A. CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES. |
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Criminal Code: Chapter 268A: Section 2 Corrupt gifts, offers or promises to influence official acts; corruption of witnesses. |
Max 3 years; $5,000 |
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Criminal Code: Chapter 268A: Section 3 Gifts, offers or promises for acts performed or to be performed; corruption of witnesses; solicitation of gifts. |
Max 2 years; $3,000 |
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Criminal Code: Chapter 268A: Section 4 Other compensation; offer, gift, receipt or request; acting as agent or attorney for other than state; legislators; special state employees. |
Max 2 years; $3,000 |
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Criminal Code: Chapter 268A: Section 5 Former state employees; acting as attorney or receiving compensation; partners of state employees or legislators. |
Max 2 years; $3,000 |
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Criminal Code: Chapter 268A: Section 7 Financial interest in contracts of state agency |
Max 2 years; $3,000 |
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Michigan |
Ethics Code: No criminal sanctions found. |
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Penal Code: Act 328 of 1931; Chapter XVII Bribery and Corruption 750.118 Public officer; accepting bribe. |
Felony |
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Penal Code: Act 328 of 1931; Chapter XVII Bribery and Corruption 750.125 Giving or receiving gifts to influence official action; turning in a false receipt |
Misdemeanor |
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Minnesota |
Ethics Code: No criminal sanctions found |
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Criminal Code: 609.42 Bribery |
Max 10 years; $20,000 | |
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Criminal Code: 609.43 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. |
Max 1 year; $3,000 |
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Criminal Code: 609.44 Public office; illegally assuming; nonsurrender |
Max 1 year; $3,000 |
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Criminal Code: 609.445 Failure to pay over state funds. |
Max 5 years; $10,000 |
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Criminal Code: 609.45 Public officer; unauthorized compensation |
Misdemeanor |
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Criminal Code: 609.455 Permitting false claims against government |
Max 5 years; $10,000 |
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Mississippi |
Ethics Code: No criminal sanctions found |
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Criminal Code: Title 97. Chapter 11. Crimes involving public officials. 97-11-1. Alteration of records. |
Max10 yrs; No fine specified |
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Criminal Code: 97-11-3. Attorney general and district attorney not to advise or defend criminals |
Misdemeanor Forfeiture of office Can’t hold another office or profit or honor in state |
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Criminal Code: 97-11-9. Bond; approving worthless official bond |
Max 6 mos.; $500 |
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Criminal Code: 97-11-13. Bribery; penalty when officer, agent or trustee accepts bribe |
Max10 years; $5,000 |
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Criminal Code: 97-11-25. Embezzlement; officers, trustees and public employees converting property to own use. |
Max 20 years; $5,000 |
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Criminal Code: 97-11-27. Embezzlement; officers and public agents failing to deliver money, records, etc. to successor |
1-10 years; $1,000 |
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Criminal Code: 97-11-29. Embezzlement; accounts to be kept by all public officers; false entries, false certificates, loan of public funds and fraud on the treasury. |
Max 10 years; Minimum fine of twice embezzled amount |
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Criminal Code: 97-11-31. Embezzlement; fraud committed in public office |
Max 10 years; $5,000 |
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Criminal Code: 97-11-33. Extortion; collecting unauthorized fees and fees for services not actually rendered. |
Max 5 years; $5,000 |
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Criminal Code: 97-11-41. Oath of office and bond; elected officials not to exercise duties before taking oath or giving bond, as required |
Max 1 year; $500 |
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Criminal Code: 97-11-43. Railroad fares; government officials to pay same fare as general passengers; accepting and using free pass |
Misdemeanor |
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Criminal Code: 97-11-53. Offer of inducements to influence public official's action on award of contracts or accomplishment of official acts |
Felony |
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Missouri |
Ethics Code: 105.478 Knowing violation of any of the provisions of sections 105.450 to 105.498 (ethics laws for lobbyists and public officials and employees); first offense |
Class B misdemeanor |
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Ethics Code: 105.478 Knowing violation of any of the provisions of sections 105.450 to 105.498 (ethics laws for lobbyists and public officials and employees); second and subsequent offense |
Class D felony |
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Ethics Code: 105.492. Knowingly filing a false financial disclosure statement |
Class B misdemeanor; |
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Criminal Code: Chapter 576: Offenses Affecting Government 576.020 Public servant acceding to corruption by a public servant is a |
Class D felony |
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Criminal Code: 576.040 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. |
Class A misdemeanor |
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Criminal Code: 576.050 Misuse of official information |
Class A misdemeanor |
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Montana |
Ethics Code: 2-2-304. 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 |
Misdemeanor |
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Criminal Code: Title 45; Chapter 7; Offenses against the public administration 45-7-101. Bribery in official and political matters |
Max 10 years; $50,000 | |
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Criminal Code: 45-7-103. Accepting compensation for past official behavior |
Max 6 mos.; $500 |
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Criminal Code: 45-7-104. Gifts to public servants by persons subject to their jurisdiction (accepting) |
Max 6 mos.; $500 |
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Criminal Code: 45-7-401. Official misconduct by a public servant |
Max 6 mos.; $500 |
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Nebraska |
Ethics Code: 49-1499.01. Executive branch; employment of family member; |
Class III misdemeanor |
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Ethics Code: 49-14,101. Giving, receiving unlawful gifts given to influence official action (except that no vote by any member of the Legislature shall subject such member to any criminal sanction under this section.) |
Class III misdemeanor |
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Ethics Code: 49-14,101.01 Use of office or state property or confidential information for personal gain (except that no vote by any member of the Legislature shall subject such member to any criminal sanction under this section.) |
Class III misdemeanor |
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Ethics Code: 49-14,103.04. Knowing violation of sections 49-14,103.01 to 49-14,103.03 dealing with local officers interests in contracts |
Class III misdemeanor |
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Ethics Code: 49-14,103.04 negligent violation of sections 49-14,103.01 to 49-14,103.03 dealing with local officers interests in contracts |
Class V misdemeanor |
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Ethics Code: 49-14,104. Official or full-time employee of executive branch; not to represent a person or act as an expert witness |
Class III misdemeanor |
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Ethics Code: 49-14,134. Filing a false statement or report required by code section (includes financial disclosure form) |
Class IV felony Max 5 years; $10,000 |
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Ethics Code: Perjury before the ethics commission |
Class IV felony |
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Criminal Code: 28-917 Bribery |
Class IV felony |
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Criminal Code: 28-924 Official misconduct involves knowing violation of any statute or lawfully adopted rule or regulation relating to official duties |
Class II misdemeanor |
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Criminal Code: 28-925 Misuse of official information |
Class III misdemeanor |
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Criminal Code: 28-926 Oppression under color of office |
Class II misdemeanor |
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Nevada |
Ethics Code: NRS 281.553 Public officer or employee prohibited from accepting or receiving honorarium |
Gross misdemeanor |
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Criminal Code: CHAPTER 197 - CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THIS STATE NRS 197.030 Asking or receiving bribe by executive or administrative officer |
Category C felony |
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Criminal Code: (Executive Branch violations) NRS 197.040 Asking or receiving bribe by public officer or employee. |
Category C felony |
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Criminal Code: (Executive Branch violations) NRS 197.060 Unlawful to agree to divide salary. |
Category D felony |
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Criminal Code: (Executive Branch violations) NRS 197.080 Offering reward for appointment |
gross misdemeanor |
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Criminal Code: (Executive Branch violations) NRS 197.110 Misconduct of public officer involves asking for unlawful compensation to perform job duties; uses state money or property for private benefit |
Category E felony |
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Criminal Code: (Executive Branch violations) NRS 197.130 False report by public officer |
Gross misdemeanor |
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Criminal Code: (Executive Branch violations) NRS 197.120 Refusal to surrender public office |
Same as above |
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Criminal Code: (Executive Branch violations) NRS 197.140 Public officer making false certificate. |
Same as above |
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Criminal Code: (Executive Branch violations) NRS 197.150 Falsely auditing or paying claim |
If claim amount is less than $250, misdemeanor If claim amount is greater than $250, Category D felony Forfeiture of office (see NRS 197.230) |
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Criminal Code: (Executive Branch violations) NRS 197.170 Extortion by public officer or employee |
Category D felony |
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Criminal Code: (Executive Branch violations) NRS 197.180 Wrongful exercise of official power is performing the duties of public office without authorization |
Gross misdemeanor |
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Criminal Code: (Executive Branch violations) NRS 197.200 Oppression under color of office. |
If physical force is used, a Category D felony |
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Criminal Code: (Executive Branch violations) NRS 197.210 Fraudulent appropriation of property |
If violation worth $250 or more, category D felony Forfeiture of office (see NRS 197.230) If violation worth less than $250, misdemeanor |
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Criminal Code: (Executive Branch violations) NRS 197.220 Other violations by officers involve willful disobedience of any other law regulating his position |
Misdemeanor |
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Criminal Code: CRIMES AGAINST THE LEGISLATIVE POWER NRS 198.010 Improperly influencing member of legislative body (legislators are guilty of they solicit or accept improper influence) |
Gross misdemeanor |
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New Hampshire |
Public Officers and Employees Title: 95:1 Public Officials Barred From Certain Private Dealings (purchasing goods, services or property worth more than $200 from the state or political subdivision under which he holds office) (doesn’t apply to legislators) |
Misdemeanor (Classification not stated. Penalty for Class A misdemeanor is max 1 year; $2,000. For class B misdemeanor, $1,200) |
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Public Officers and Employees Title: 95:1-a Public Officials Barred From Insurance Dealings ) (doesn’t apply to legislators) |
Same as above |
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Public Officers and Employees Title: 96:1 False Certification by an officer or employee of the state ) (doesn’t apply to legislators) |
Class B felony |
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Public Officers and Employees Title: 96:2 False Statement in connection with awarding of contracts |
Class B felony |
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Criminal Code: Chapter 640, Corrupt Practices 640:2 Bribery in Official and Political Matters |
Class B felony |
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Criminal Code: 640:3 Improper Influence. Public servants are guilty if they fail to report it. |
Class B felony Max 7 years; $4,000 |
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Criminal Code: 640:4 Compensation for Past Action |
Misdemeanor (Classification not stated. Penalty for Class A misdemeanor is max 1 year; $2,000. For class B misdemeanor, $1,200) |
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Criminal Code: 640:5 Gifts to Public Servants (public servants guilty if they accept them) |
Same as above |
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Criminal Code: 640:6 Compensation for Services (receiving pecuniary benefit for advice or other assistance for promoting or preparing a bill, contract, claim or other proposal over which the public servant has the authority to act) |
Same as above |
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Criminal Code: 640:7 Purchase of Public Office |
Same as above |
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Criminal Code: Chapter 643. Abuse of Office. 643:1 Official Oppression. (Knowingly and with intent to derive personal benefit or harm another committing an unauthorized act while purporting it to be an act of office, or refraining from performing duties inherent to office) |
Same as above |
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Criminal Code: 643:2 Misuse of Information |
Same as above |
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New Jersey |
Ethics Code: No criminal sanctions found. |
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If the bribe is $200 or less, Crime of the third degree If bribe is more than $200, Crime of the second degree | |
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2C:27-9 Unlawful official business transaction where interest is involved; grading; conditions (transacting business with yourself or family or an associated business while in a public position) |
Crime of the fourth degree |
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2C:27-10 Acceptance or receipt of unlawful benefit by public servant for official behavior |
If benefit is $200 or less, crime of the third degree If benefit more than $200, crime of the second degree |
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2C:30-2. Official misconduct occurs when a public servant, seeking to personally benefit or to harm another, either knowingly commits an unauthorized act while purporting it to be an official act, or refrains from performing inherent job functions. |
Same as above |
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New Mexico |
Ethics Code: Chapter 10, Public Officers and Employees; Article 16, Governmental Conduct. 10-16-17 Knowing and willful violation of any provision in the Governmental Conduct Act for which another penalty is not specified. Includes: obtaining personal benefits incompatible with the public interest (10-16-3);
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Misdemeanor |
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Ethics Code: 10-16-3. Requesting a thing of value in exchange for official action |
Fourth degree felony |
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Ethics Code: 10-16-4. Taking an official act for the primary purpose of directly enhancing his own financial interest or financial position. |
Same as above |
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Ethics Code: Chapter 10, Public Officers and Employees; Article 16A, Financial Disclosures. 10-16A-7. Willful violation of financial disclosure requirements. |
Same as above |
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Ethics Code: Chapter 10, Public Officers and Employees; Article 17, Miscellaneous Provisions. 10-17-12. Willful neglect of duty involves any neglect of duty not otherwise spelled out in law. |
Misdemeanor |
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Criminal Code: Chapter 30, Criminal Offenses; Article 23, Misconduct by Officials. 30-23-1. 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 |
Petty Misdemeanor |
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Criminal Code: 30-23-2. Paying or receiving public money for services not rendered |
Fourth degree felony |
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Criminal Code: 30-23-3. Making or permitting false public voucher |
Same as above |
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Criminal Code: 30-23-5. Unlawful speculation in claims against state involves a public official or employee buying, selling, bartering, dealing in or speculating in or with any certificate, warrant or other evidence of indebtedness issued by the state, a municipality or other political subdivision, unless such certificate, warrant or other evidence of indebtedness shall have been lawfully issued to such person in payment of his salary or in consideration for services rendered by such person for supplies furnished by him |
Misdemeanor |
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Criminal Code: Chapter 30, Criminal Offenses; Article 24, Bribery. 30-24-2. Demanding or receiving bribe by public officer or public employee |
Third degree felony Forfeiture of office |
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Criminal Code: Chapter 30, Criminal Offenses; Article 26, Interference with Public Records. 30-26-2. Refusal to surrender public record |
Misdemeanor |
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Criminal Code: Chapter 30, Criminal Offenses; Article 26, Interference with Public Records. 30-26-1. Tampering with public records |
Fourth degree felony |
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New York |
Ethics Code: Chapter 47, Public Officers Code, Article 4, Section 73a. Knowing and willful violation of financial disclosure statute. |
It’s up to the state ethics commission as to whether this is a civil or criminal violation. If criminal, it’s a Class A misdemeanor. Max 1 year; $1,000 or double the gain |
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Ethics Code: S 76. Receiving bribes by members of legislature. |
Class D felony Forfeiture of office, disqualification from holding future office |
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Ethics Code: S 77. Unlawful fees and payments (soliciting or accepting anything for doing or refusing to do an official act) |
Felony Forfeiture of office, disqualification from holding future office |
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Penal Code: Chapter 40, Article 195, Official Misconduct and Obstruction of Public Servants Generally 195.00 Official misconduct (when a public servant an unauthorized use of official functions or knowingly refrains from performing the duties of his job. |
Class A misdemeanor |
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Penal Code: 195.20 Defrauding the government |
Class E felony |
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Penal Code: Chapter 40, Article 200, Bribery Involving Public Servants and Related Offenses. 200.10 Bribe receiving in the third degree (less than $10,000 |
class D felony |
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Penal Code: 200.11 Bribe receiving in the second degree (more than $10,000) |
class C felony |
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Penal Code: 200.12 Bribe receiving in the first degree (if action the bribe influenced involves investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony |
class B felony |
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Penal Code: 200.25 Receiving reward for official misconduct in the second degree |
class E felony |
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Penal Code: 200.27 Receiving reward for official misconduct in the first degree (if the misconduct involves investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony) |
class C felony |
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Penal Code: 200.35 Receiving unlawful gratuities |
class A misdemeanor |
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Penal Code: 200.45 Bribe giving for public office |
class D felony |
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Penal Code: 200.50 Bribe receiving for public office |
Same as above |
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North Carolina |
Legislative Ethics Code: No criminal sanctions found. |
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Executive Ethics Code. Chapter 128. Offices and Public Officers. 128-4. Demanding or receiving compensation of subordinates for appointment or retention |
Class 1 misdemeanor Removal from office |
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Criminal Code: Chapter 14, Criminal Law; Article 18, Embezzlement. 14-91. Embezzlement of State property by public officers and employees |
If value is $100,000 or more, a Class C felony If value is less than $1,000, a Class F felony Unable to determine penalties |
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Criminal Code: Chapter 14, Criminal Law; Article 29.Bribery. 14-217. Bribery of officials (giving or receiving) |
Class F felony |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-228. Buying and selling offices |
Class I felony |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-229. Acting as officer before qualifying as such |
Class 1 misdemeanor Forfeiture of office |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-230. Willfully failing to discharge duties |
Class 1 misdemeanor Forfeiture of office in certain circumstances |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-231. Failing to make reports and discharge other duties |
Class 1 misdemeanor |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-232. Swearing falsely to official reports (county officials) |
Same as above |
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Criminal Code: Chapter 14, Criminal Law; Article 31.Misconduct in Public Office. 14-234. Public officers or employees benefiting from public contracts; exceptions |
Same as above |
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Criminal Code: 14-234.1. Misuse of confidential information |
Same as above |
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Criminal Code: 14-247. Private use of publicly owned vehicle; 14-248. Obtaining repairs and supplies for private vehicle at expense of State |
Class 2 misdemeanors |
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North Dakota |
Elections Code. Title 16, Elections 16.1-09-07. Intentional violation of statement of economic interest statutes |
Class B misdemeanor Forfeiture of office |
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State Government. Chapter 54-03, Legislative Assembly. 54-03-17. Contempt.
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Class A misdemeanor |
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State Government: General Provisions, Chapter 54-06. 54-06-12. Publishing false statements - Penalty. |
Class C felony |
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Criminal Code: 12.1-12 Bribery and Unlawful Influence of Public Servants, 12.1-12-01. Bribery. |
Same as above |
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Criminal Code: 12.1-12-02. Illegal influence between legislators or between legislators and governor. Violations of the provisions of section 9 of article IV (trading votes) or section 10 of article V of the Constitution of North Dakota (trading official actions or bribes) |
Same as above |
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Criminal Code: 12.1-12-03. Unlawful compensation for assistance in government matters. (compensation for advice in drafting a bill, contract or claim on a matter on which the public servant will have to take official action, compensation to refrain from official action, compensation for services not rendered.) |
Class A misdemeanor |
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Criminal Code: 12.1-12-04. Trading in public office and political endorsement (for appointments or nominations) |
Same as above |
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Criminal Code: 12.1-13 Confidential Information - Conflict of Interest - Impersonation 12.1-13-01. Disclosure of confidential information provided to government. |
Class C felony |
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Criminal Code: 12.1-13-02. Speculating or wagering on official action or information. |
Class A misdemeanor |
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Criminal Code: 12.1-13-03. Public servant's interest in public contracts. |
Same as above |
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Criminal Code: 12.1-14 Official Oppression - Elections - Civil Rights |
Same as above |
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Ohio |
Ethics Code: Title 1; State Government, Chapter 102, Public Officers-Ethics. 102.99. Failure to file a statement of financial disclosure; Accepting unlawful gifts from lobbyists |
Misdemeanor of the fourth degree |
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Ethics Code: Title 1; State Government, Chapter 102, Public Officers-Ethics. 102.99. Filing a false financial disclosure statement; improperly representing others before government; 102.04; improperly contracting with government |
Misdemeanor of the first degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Offenses Against Justice and Public Administration, 2921.02. Bribery |
Felony of the third degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Compounding. 2921.24. Disclosure of confidential information. |
Misdemeanor of the fourth degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Peculation and Dereliction, 2921.41. Theft in office; restitution; withholding of retirement benefits |
Felony of the fifth degree if under $500 Felony of the fourth degree if $500-$5,000 Felony of the third degree if more than $5,000 Disqualification from holding office in all cases. Retirement benefits taken for restitution |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Peculation and Dereliction, 2921.42. 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. |
Felony of the fourth degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Peculation and Dereliction, 2921.42. Having an unlawful interest in a public contract: occupying a position of profit in the prosecution of a public contract authorized by him or by a legislative body, commission, or board of which he was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder; having an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which he is connected; having an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and that involves more than $150. |
Misdemeanor of the first degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Peculation and Dereliction, 2921.44. Dereliction of duty. (D) 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. (E) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office. |
Misdemeanor of the second degree |
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Criminal Code: Title XXIX, Crimes-Procedure; Chapter 2921, Peculation and Dereliction, 2921.45. Interfering with civil rights. No public servant, under color of his office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right. |
Misdemeanor of the first degree |
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Oklahoma |
Ethics Code: No ethics code could be located. |
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Criminal Code: 21-309. Soliciting bribes, Trading votes, occurs when any member of the Legislature asks, receives or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or who gives, or offers or promises to give any official vote in consideration that another member of the Legislature shall give any such vote, either upon the same or another question |
Felony |
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Criminal Code: 21-318. Bribery occurs when a person, firm, or member of a firm, corporation, or association gives or offers any money, position or thing of value to any member of the State Legislature to influence him to work or to vote for any proposition, or when a member of the State Legislature accepts any money, position, promise, or reward or thing of value for his work or vote upon any bill, resolution or measure before either house of the Legislature |
Felony 2-5 years; $1,000-$5,000 |
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Criminal Code: 21-321. Member of legislature soliciting or securing employment with state department or institution for another, when the department is funded through legislative appropriation |
Felony 1-5 years; $100-$1,000 Forfeiture of office |
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Criminal Code: 21-341. Embezzlement and false accounts by state officers |
Felony |
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Criminal Code: 21-343. 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 |
Misdemeanor |
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Criminal Code: 21-344. Fraud by officer authorized to sell, lease or make contract |
Misdemeanor Max 1 year; $500 |
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Criminal Code: 21-360. Coercing political participation of state employees. |
Felony |
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Oregon |
Ethics Code: Chapter 244, Government Standards and Practices; Public Officers and Employees. 244.055 Filing false statements of financial disclosure required of the State Treasurer and certain other officials |
Class C felony |
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Criminal Code: Chapter 162, Offenses Against the State and Public Justice, 162.025 Bribe receiving |
Class B felony |
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Criminal Code: Chapter 162, Offenses Against the State and Public Justice, 162.117 Public investment fraud |
Same as above |
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Criminal Code: Chapter 162, Offenses Against the State and Public Justice, 162.405 Official misconduct in the second degree is knowingly violating any statute relating to the office of the person |
Class C misdemeanor |
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Criminal Code: Chapter 162, Offenses Against the State and Public Justice, 162.415 Official misconduct in the first degree is knowingly failing to perform a duty inherent in the office or performing an unauthorized act |
Class A misdemeanor |
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Criminal Code: Chapter 162, Offenses Against the State and Public Justice, 162.425 Misuse of confidential information |
Class B misdemeanor |
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Pennsylvania |
Ethics Code: Title 65, Public Officers, Chapter 11 Ethics Standards and Financial Disclosure. 1109. Penalties. Under 1103(a), it is unlawful to engage in conduct that constitutes a conflict of interest, and under 1103(b), it is unlawful to accept improper influence. |
Felony |
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Ethics Code: Title 65, Public Officers, Chapter 11 Ethics Standards and Financial Disclosure.1109(b)
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Misdemeanor |
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Ethics Code: Title 65, Public Officers, Chapter 11 Ethics Standards and Financial Disclosure. 1109(e) Willfully affirming or swearing falsely in regard to any material matter before an ethics commission proceeding |
Felony |
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Criminal Code: Title 18, Crimes and Offenses; Chapter 47, Bribery and Corrupt Influence. 4701. Bribery in official and political matters |
Felony of the third degree |
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Rhode Island |
Ethics Code: Title 36. Public Officers and Employees; Chapter 36-14 Code of Ethics.36-14-19 Penalties. Willful violation of the chapter. Prohibited acts include, under 36-14-5:
Under 36-14-17, public officials must file statements of economic interest. |
Misdemeanor |
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Criminal Code: Title 11; Criminal Offenses; Chapter 11-17, Bribery; |