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50 State Chart: Criminal Penalties for Public Corr

Penalties for Violations of State Ethics and Public Corruption Laws

11/7/2013

This table is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors

Some states specify that violations of the state's ethics law are also violations of criminal law and impose penalties accordingly.  Other states have statutes, in addition to or in place of ethics laws, which are in the state's penal or criminal codes and cover similar behaviors.  In the table below, "EC" indicates statutes found in ethics code; "CC" or "PC" indicates statutes found in criminal code.


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Penalties for Public Corruption/Violations of State Ethics Laws

 

STATE

VIOLATION

STATUTES

PENALTY?

Alabama

Intentional violation of Code of Ethics for Public Officials and Employees, including:

  • Use of official position or office for personal gain

  • Use of contributions

  • Offering, soliciting, or accepting things of value from a lobbyist, subordinate of a lobbyist, or principal

  • Use or disclosure of confidential information gained in the course  or by reason of their position 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

Max. imprisonment  2-20 years; max. fine $30,000

 

  • Offering, conferring or agreeing to confer any thing of value upon a public servant with the intent that the public servant's vote, opinion, judgment, exercise of discretion or other action in his official capacity will thereby be corruptly influenced (Bribery)

  • Public servant solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be corruptly influenced (Bribery)

CC §13A-10-61

Class C felony

Max. imprisonment  1-10 years; max. fine $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

  • Knowingly makes or transmits a false report or complaint

  • 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. imprisonment 1 year; max. fine $6,000

 

  • Misuse of confidential information

CC §13A-10-82

Class B misdemeanor

Max. imprisonment 6 months; max. fine $3,000

 

  • Intentionally violates the Code of Ethics chapter relating to secrecy

EC §36-25-27

Class C felony

Max. imprisonment 1-10 years; max. fine $15,000

Alaska

  • Conferring, offering, or agreeing  to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion,  judgment, action, decision, or exercise of official discretion (Bribery)

  • Public servant solicits a benefit with the intent that the public servant's vote, opinion, judgment,  action, decision, or exercise of discretion as a public servant will be influenced; or accepts or agrees to accept a benefit upon an agreement or understanding that the

  • Public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a  public servant will be influenced (Receiving a bribe)

CC AS §11.56.100

CC AS §11.56.110

Class B felony

Max. imprisonment 10 years; max. fine $100,000

 

  • Receiving unlawful gratuities

  • Failure to report bribery or receiving a bribe

  • Knowing or intentionally false accusations to the ethics committee 

  • Official misconduct with intent to obtain a benefit or to injure or deprive another person of a benefit

  • 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. imprisonment 1 year; max. fine $10,000

 

  • Impersonating a public servant 

CC §11.56.830 

Class B Misdemeanor

Max. imprisonment 90 days; max. fine $2,000

 

  • Tampering with public records in the first degree 

CC §11.56.815 

Class C Felony

Max. imprisonment  5 years; max. fine  $50,000

Arizona

  • Bribery of a public servant or party officer

CC §13-2602

Class 4 felony
Max. imprisonment 1.5-3 years; max. fine $150,000

 

Intentionally or knowingly:

  • Violation of conflict of interest statute

  • Trading in public office

  • Represents another person for compensation before a public agency by which the officer or employee is or was employed within the preceding twelve months or on which the officer or employee serves or served within the preceding twelve months concerning any matter with which the officer or employee was directly concerned and in which the officer or employee personally participated during the officer's or employee's employment or service by a substantial and material exercise of administrative discretion

  • Uses or discloses confidential information gained in the course  or by reason of their position for personal financial gain

  • Receives directly or indirectly compensation other than as provided by law for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is pending before the public agency of which he is a public officer or employee

  • Offering, soliciting, or accepting things of value

EC §38-503

EC §38-504

EC §38-505

EC §38-510

CC §13-2603

Class 6 felony
Max. imprisonment  6-18 months; max. fine $150,000

 

Recklessly or negligently:

  • Violates the conflict of interest statute

  • Represents another person for compensation before a public agency by which the officer or employee is or was employed within the preceding twelve months or on which the officer or employee serves or served within the preceding twelve months concerning any matter with which the officer or employee was directly concerned and in which the officer or employee personally participated during the officer's or employee's employment or service by a substantial and material exercise of administrative discretion

  • Uses or discloses confidential information gained in the course  or by reason of their position for personal financial gain

  • Receives directly or indirectly compensation other than as provided by law for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is pending before the public agency of which he is a public officer or employee

  • Offering, soliciting, or accepting things of value

EC §38-510

EC §38-503

EC §38-504

EC §38-505

Class 1 misdemeanor
Max. imprisonment  6 months; max. $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. imprisonment 6 years; max. fine $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 §21-8-901

EC §21-8-903

CC $5-52-104

CC $5-52-106

CC $5-52-105

Class A misdemeanor
Max. imprisonment  1 year; max. fine $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. imprisonment 90 days; max. fine $1,000

 

 

 

 

  • Knowingly or willfully accepting unlawful compensation for speeches or appearances

CC §5-52-108

Class A misdemeanor
Max. imprisonment 1 year;  max. fine $2,500

 

  • 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 fine

 

  • Failure to file, or falsely filing the financial disclosure statement required of state employees

EC §21-8-202

Misdemeanor
Max. fine $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

 

  • Asking, receiving, or agreeing  to receive a bribe by a judicial officer,  juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy

  • Asking, receiving, or agreeing  to receive a bribe by an executive or ministerial officer, employee, or appointee of the state

PC §93

PC §68(a)

 

 

 

 

Imprisonment 2-4 years and fine

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)

 

  • Giving or offering a bribe to any executive officer

PC §67

Imprisonment for 2-4 years and disqualified from holding any office in the state

 

  • Giving or offering a bribe to any judicial officer, juror, referee, arbitrator, or umpire

PC §92

Imprisonment for 2-4 years

Colorado

  • Offering , conferring, or agreeing to confer any pecuniary benefit upon a public servant with the intent to influence the public servant

  • While a public servant, soliciting,  accepting, or agreeing to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced

CC §18-8-302

Class 3 felony
Max. imprisonment  4-12 years; max. fine $3,000-$750,000

 

  • Public servant lawfully or unlawfully comes into possession of any public moneys or public property and knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by law (Embezzlement of public property)

CC §18-8-407

Class 5 felony
Max. imprisonment 1-3 years; max. fine $1,000-$100,000

 

  • Soliciting , accepting , or agreeing to accept any pecuniary benefit as compensation for having, as a public servant, given a decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised a discretion in his favor, whether or not he has in so doing violated his duty (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 by a public servant

CC §18-8-303

CC §18-8-307

CC §18-8-402

Class 6 felony
Max. imprisonment  1-1.5 years; max. fine  $1,000-$100,000

 

  • Trading in public office

CC §18-8-305

Class 1 misdemeanor
Max. imprisonment  6-18 months; max. fine  $500-$5,000

 

  • Requesting a pecuniary benefit for the performance of an official action by a public servant that the public servant knows he is required to perform that action without compensation or at a level of compensation lower than that requested (Soliciting unlawful compensation)

  • Failing to disclose a conflict of interest in connection with a government contract, purchase, payment, or other pecuniary transaction

  • 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
Max. imprisonment  3-12 months; max. fine  $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. imprisonment 6 months; max. fine  $500

 

  • 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 (Public trust - breach of fiduciary duty)

  • 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

 

  • Soliciting, accepting or agreeing to accept by a public official or a person selected to be a public servant  from another person any benefit for, because of, or as consideration for his decision, opinion, recommendation or vote

CC Chap. 952 §53a-148

Class C felony
Max. imprisonment  1-10 years; max. fine $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. imprisonment  1 year; max. fine $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
Max. imprisonment 1-5 years; max. fine  $5,000 

(Penalty found in Chap. 10 §1-89)

 

  • Failing to report bribery of a public servant

CC Chap. 952 §53a-148a

Class A misdemeanor

Max. 1 year imprisonment; max. fine $2,000

Delaware

  • Bribery of a public servant

  • Soliciting, accepting or agreeing to accept a bribe

CC 5 §1201

CC 5 §1203

 

Class E felony
Max. 5 years imprisonment

 

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 58 §5805

 

 

 

 

Misdemeanor
Max. 1 year imprisonment; max. fine $10,000

 

 

 

 

  • Knowingly filing a financial disclosure report or a false council or board membership disclosure report  that is false in any material respect

  • Soliciting, accepting or agreeing to accept any personal benefit for engaging official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation (Receiving unlawful gratuities)

  • Official misconduct

  • Profiteering

EC 58 §5815

CC 5 §1206

CC 5  §1211

CC  5 §1212

Class A misdemeanor
Max. imprisonment  1 year;  max. fine $2,300

 

  • Willful failure to file a financial disclosure report or council or board membership disclosure report

EC 58  §5815

Class B misdemeanor
Max. imprisonment 6 months;  max. fine $1,150

District of Columbia

  • Corruptly soliciting, demanding, accepting, or agreeing to accept anything of value, directly or indirectly by an official; Corruptly offering, giving,  or agreeing to give anything of value, directly or indirectly, to a public servant

CC §22-712

Max. 10 years imprisonment; Fine of $25,000 or 3 times the monetary equivalent of the thing of value, whichever is greater

 

  • Extortion

CC §22-3251

Max. imprisonment 10 years; max. fine $10,000

 

  • Blackmail

CC §22-3252

Max. imprisonment 5 years; max. fine $1,000

 

  • -Corrupting or attempting, directly or indirectly, to corrupt any public official

CC §22-704

Max. 6 months-5 year imprisonment

Florida

  • Corruptly giving, offering, or promising to any public servant a bribe

  • Corruptly requesting, soliciting, accepting, or agreeing to accept any unauthorized pecuniary or other benefit by public servant

CC §838.015

CC §838.016

Felony of the second degree 

Max . imprisonment 15 years; max. fine $15,000

 

  • Official misconduct

  • Disclosure or use of confidential criminal justice information

CC §838.022

CC §838.21

Felony of the third degree 

Max. imprisonment 5 years; max. fine $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

Max. fine  $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

  • Directly or indirectly soliciting, receiving, accepting, or agreeing to receive a thing of value by a public official through inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action (Bribery)

  • Giving or offering to give to public official any benefit, reward, or consideration to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment

CC §16-10-2(b)

Max. imprisonment  20 years; max. fine $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

CC §16-10-4

CC §16-10-5

Felony

Max. fine $100,000; max. imprisonment 1-5 years

 

  • Stealing, embezzling, altering, corrupting, withdrawing, falsifying, or avoiding  any record, process, charter, gift, grant, conveyance, or contract

  • Knowingly and willfully take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture

  • Forging, defacing, or falsifying any document or instrument recorded or any registry, acknowledgment, or certificate

  • Altering, defacing, or falsifying any minutes, document, book, or any proceeding whatever of or belonging to any public office within this state

EC §45-11-1(a)

Felony

Max. imprisonment 2-10 years

 

  • Selling office or dividing fees

EC §45-11-2

Felony

Max. imprisonment 1-3 years

 

  • Willfully and intentionally violating the terms of public oath

  • Knowingly making and delivering  an official certificate or writing containing any statement which he knows to be false

CC §16-10-1

CC §16-10-8

Max. imprisonment 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 without lawful justification

  • Malpractice, misfeasance, or malfeasance in office

  • Using oppression or tyrannical partiality in the administration or under the color of his or her office

  • When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so

  • Using any other deliberate means to delay or avoid the due course or proceeding of law; or

  • Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office

  • Unlawful taking by a public officer, under color of his office, from any person of any money or thing of value that is not due to him or more than is due to him (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)

Hawaii

  • Soliciting, accepting, or agreeing  to accept, directly or indirectly, a bribe

  • Conferring, or offering or agreeing to confer, directly or indirectly, a bribe

CC §710-1040

Class B felony

Max. imprisonment 10 years; max. fine $25,000

 

See Standards of Conduct for Public Officers and Employees

HRS Title 7, Chapter 84

No criminal penalties specified for any prohibited actions

Idaho

  • Asking, receiving or agreeing  to receive any bribe by judicial officer, juror, referee, arbitrator or umpire, and every person authorized by law to hear or determine any question or controversy

CC §18-1302

 

Felony
Max 5 years; $50,000

 

  • No state agency official, judicial official or legislator shall solicit, accept or agree to accept any pecuniary benefit from any person interested in their official actions.

  • Soliciting,  accepting or agreeing to accept 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

 

Intentional failure  to disclose a conflict of interest by a public official

EC §59-705

Civil Offense; up to $500 fine

Illinois

  • Receiving, retaining or agreeing  to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness

  • Soliciting, receiving, retaining or agreeing  to accept any property or personal advantage which he or she is not authorized by law to accept pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.

  •  With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, promising or tendering any property or personal advantage

CC 720 ILCS 5/33-1 

 

Class 2 felony
Max. 3-7 years imprisonment; max. fine  $25,000

 

  • Willful filing of false or incomplete  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 ILCS 420/4A-107

EC 5 ILCS  420/2-101

EC 5 ILCS  420/2-104

EC 5 ILCS  430/5-15

EC 5 ILCS   430/5-30

EC 5 ILCS   430/5-45

EC 5 ILCS  430/5-40

 

Class A misdemeanor
Max. imprisonment  1 year;  max. fine $2,500, or the amount specified in the offense, whichever is greater

 

  • Legislators who accept other compensation for their official duties

EC 5 ILCS 420/2-103

Petty offense
 

Indiana

  • Conferring, offering, or agreeing to confer on a public servant, either before or after the public servant becomes appointed, elected, or qualified a bribe

  • Soliciting, accepting,  or agreeing  to accept either before or after the person becomes appointed, elected, or qualified, any property, except property the person is authorized by law to accept, a bribe

CC §35-44-1-1

 

Class C felony
Max. imprisonment  2-8 years;
Max. fine $10,000

 

  • Knowingly or intentionally performs an act that the public servant is forbidden by law to perform

  • Performs an act the public servant is not authorized by law to perform, with intent to obtain any property for himself or herself

  • Knowingly or intentionally solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment

  • Knowingly or intentionally acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant's office that official action that has not been made public is contemplated;

  • Knowingly or intentionally fails to deliver public records and property in the public servant's custody to the public servant's successor in office when that successor qualifies; or

  • Knowingly or intentionally  fails to pay damages due a township in a civil action under IC 36-6-4-17(b) (conflict of interest)

CC §35-44-1-3

 

 

 

Class D felony
Max. imprisonment  6 months-3 years; Max. fine  $10,000

 

 

 

  • Receiving a personal benefit because of privileged information, neglecting to pass on public records and property to successor, among other things (official misconduct)

CC §35-44-1-2

Class D felony
Max. imprisonment  6 months-3 years; Max. fine $10,000

 

  •  Knowingly or intentionally profiteering from public service 

CC §35-44-1-7

Class D felony
Max. imprisonment  6 months-3 years; Max. fine $10,000

 

  • Failure to file a statement in a timely manner or filing a deficient statement

EC §4-2-6-8

Max. fine of  $10 for each day the statement remains delinquent or deficient, up to a maximum of $1,000; if intentional, Class A infraction and  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

  • Giving false information on authorized receipts, returns, entries or certificates; falsifying public records or falsely purporting something to be a public record (felonious misconduct in office)

CC §721.1

 

Class D felony
Max. imprisonment  5 years; max. fine $750-$7,500

 

  • Knowingly and intentionally violating ethics provisions found in Chapter 68B

  • 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 (non-felonious misconduct in office)

  • 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. imprisonment 1 year; max. fine $250-$1,500

Kansas

  • With the intent to improperly influence a public official, offering, giving or promising to give, directly or indirectly, to any public official any benefit, reward or consideration which the public official is not permitted by law to accept

  • Intentionally requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration, which the public official is not permitted by law to accept, with the intent to improperly influence such public official 

CC §21-6001

 

 

 

 

Severity level 7, nonperson felony
Max. fine $100,000; Max. imprisonment 34 months;
Forfeiture of office; forever disqualified from public office

 

  • Knowingly destroying, tampering with or concealing evidence of a crime (official misconduct)

CC §21-6002

CC §21-3910

Severity level 8, nonperson felony
Max. fine $100,000; max. imprisonment 23 months

 

  • Willfully submitting to a governmental entity a claim for expenses which is false or duplicates another claim (official misconduct)

  • Permitting a false claim

CC §21-6002

CC §21-6004

 

 

 

 

 

 

 

 

If claim less than $1000, class A nonperson misdemeanor
Max. imprisonment 1 year; max. fine $2,500

If claim is $1,000-$25,000, severity level 9 nonperson felony
Max. fine $100,000; max. 17 months in prison

If claim is $25,000 but less than $100,000, severity level 7, nonperson felony
Max. fine  $100,000; Max. 34 months in prison

 

  • Misuse of public funds

CC §21-6005

If claim less than $1000, class A nonperson misdemeanor
Max . imprisonment 1 year; max. fine  $2,500

If claim is $1,000-$25,000, severity level 9 nonperson felony
Max. fine  $100,000; Max. 17 months in prison

If claim is $25,000 but less than $100,000, severity level 7, nonperson felony
Max. fine  $100,000; Max. 34 months in prison

If claim is $100,000 or more,  severity level 5, nonperson felony,  fine of up to $300,000; up to 136 months in prison

 

  • 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 (official misconduct)

CC §21-6002

Class A nonperson misdemeanor
Max. imprisonment 1 year; max. fine $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 §21-6003

Class B non person misdemeanor
Max. imprisonment  6 months;  max. fine $1,000;
Forfeiture of office

 

  • Unlawful use of state postage.

CC §21-6006

Class C misdemeanor
Max. imprisonment  1 month; max. fine $500

Kentucky

  • Soliciting, accepting, or agreeing  to accept any pecuniary benefit upon an agreement or understanding that the individual’s vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced (bribery)

  • Offering, conferring, or agreeing to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity as a public servant

PC §521.020

 

 

 

 

Class C felony

Max. imprisonment  5-10 years; max. fine $1,000 to $10,000, or double the gain from the offense, whichever 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Class D Felony
Max. imprisonment  1-5 years; max. fine $1,000 to $10,000, or double the gain from the offense, whichever is greater

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • Public servant obtains 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 (abuse of public trust)

 

 

PC §522.050

Class D felony if the value of the offense is less than $10,000;
Max. imprisonment  1-5 years (see below for fines)

Class C felony if the value is $10,000-$100,000; max. imprisonment
5-10 years

Class B felony if the value is $100,000 or more; max. imprisonment 10-20 years

-Removal and prohibition on holding public office

-Fines for felonies are $1,000 to $10,000, or double the gain from the offense, whichever is greater.

 

  • Official misconduct in the first degree

 

  • Soliciting, accepting or agreeing to accept compensation for advice or other assistance in preparing a bill, contract, claim or other transaction or proposal as to which he knows that the public official is likely to have an official discretion to exercise

 

  • Offering, paying or agreeing to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim or other transaction with knowledge that acceptance by the public servant is unlawful

 

For legislators:

  • Use of influence on a matter on which the legislator has a personal interest

  • Use of public funds, 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 §521.040

EC §6.731

EC §6.751

EC §6.797

Class A misdemeanor
Max. imprisonment  1 year; max. fine $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. imprisonment 90 days; max. fine $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 

  • Retains or diverts for his own use or the use of any other person or political organization, any part of the salary or fees allowed by law to any other public officer or public employee, unless authorized in writing by the said public officer or public employee (Public salary deduction)

  • Public salary extortion

CC RS §14:139

CC RS §14:134

CC RS §14:135

CC RS §14:36

Max 5 years; Max.  $5,000 fine

 

 

 

  • Giving or offering to give, directly or indirectly, anything of apparent present or prospective value to a public official, with the intent to influence his conduct in relation to his position, employment, or duty (Public bribery)

CC RS §14:118

Max. imprisonment 5 years; max. fine $1,000

 

  • Public payroll fraud

  • Public contract fraud includes deriving a personal benefit from a public contract.

CC RS §14:138

CC RS §14:140

Max. 2 years imprisonment; Max. fine of $1,000

 

  •  Any violation of the Code of Ethics by an elected official, public employee, or other person

EC  RS §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

  • A public servant, party official, candidate for electoral office or voter,  solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be influencing the other's action, decision, opinion, recommendation, vote, nomination or other exercise of discretion as a public servant, party official or voter, or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit

  • A person promises, offers, or gives any pecuniary benefit to another with the intention of influencing the other's action, decision, opinion, recommendation, vote, nomination or other exercise of discretion as a public servant, party official or voter

  • A person promises, offers or gives any pecuniary benefit to another with the intention of obtaining the other's signature on an absentee ballot under Title 21-A, chapter 9, subchapter IV, or referendum petition under Title 21-A, chapter 11, or that person solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose is to obtain that person's signature on an absentee ballot or referendum petition, or fails to report to a law enforcement officer that the person has been offered or promised a pecuniary benefit

CC Title 17A, Chap. 25, §602

Class C crime
Max. imprisonment  5 years; max. fine $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. imprisonment 1 year; max. fine $2,000

 

  • A public servant solicits, accepts or agrees to accept any pecuniary benefit from a person if the public servant knows or reasonably should know that the purpose of the donor in making the gift is to influence the public servant in the performance of the public servant's official duties or vote, or is intended as a reward for action on the part of the public servant (improper gifts to public servants)

  • A person knowingly gives, offers, or promises any pecuniary benefit that the purpose of the donor in making the gift is to influence the public servant in the performance of the public servant's official duties or vote, or is intended as a reward for action on the part of the public servant (improper gifts to public servants)

  • A public servant  solicits, accepts or agrees to accept any pecuniary benefit in return 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 (Improper compensation for service)

  • A person gives, offers or promises any pecuniary benefit, knowing that it is improper compensation for service(Improper compensation for service)

  • A  public servant, acting with the intention to benefit himself or another or to harm another, knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office (Official oppression)

  • Misuse of information

CC Title 17A, Chap. 25, §605, §606

§608

§609

Class E crime
Max. imprisonment  6 months; max. fine  $1,000

Maryland

  • A person may not bribe or attempt to bribe a public employee to influence the public employee in the performance of an official duty of the public employee

  • A public employee may not demand or receive a bribe, fee, reward, or testimonial to: (1)influence the performance of the official duties of the public employee; or  (2) neglect or fail to perform the official duties of the public employee.

CC §9-201

Misdemeanor
Max. 2-12 years imprisonment; max. $500-$1,000 fine. 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, in which the commonwealth or a state agency is an interested party, of which the public employee has knowledge or has reason to know

CC §268A(7)

Max. state prison 5 years, or jail or house of correction for max 2 ½ years; Max. $10,000 fine

 

  • Direct or indirect corrupt gifts, offers or promises to  give anything of value to any state, county or municipal employee, or to any person who has been selected to be such an employee, or to any member of the judiciary, intent to influence official acts

  • Directly or indirectly corruptly asking, demanding, exacting, soliciting, seeking,  accepting, receiving,  or agreeing to receive anything of value  in return to influence an  official act

  • Direct or indirect corrupt gifts, offers or promises to  give anything of value to influence testimony under oath or affirmation

  • Directly or indirectly corruptly asking, demanding, exacting, soliciting, seeking,  accepting, receiving,  or agreeing to receive anything of value  in return for himself or for any other person or entity in return for influence upon the testimony under oath or affirmation of himself or any other person as a witness

CC §268A(2)

Max. 10 years state prison or max. 2 ½  years in jail or house of corrections; Max. $10,000 fine.
Cannot hold state, county or local office in future

 

  • Knowingly, directly or indirectly,  gifts, offers or promises anything of substantial value  to any present or former state, county or municipal employee or to any member of the judiciary, or to any person selected to be such an employee or member of the judiciary for acts performed or to be performed

  • Knowing, direct or indirect, solicitation of gifts  by any present or former state, county or municipal employee or to any member of the judiciary, or to any person selected to be such an employee or member of the judiciary for acts performed or to be performed

CC §268A(3)

Max. 5 years imprisonment in state prison or max. 2 ½ years imprisonment in jail or house of corrections; max. fine $50,000

 

  • State employee, directly or indirectly receives or requests compensation from anyone other than the commonwealth or a state agency, in relation to any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest

  • State employee knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer compensation  to a public official in relation to any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest

  • State employee prosecutes any claim against the commonwealth or a state agency, or as agent or attorney for anyone in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest

  • Former state employee knowingly acts as agent or attorney for, or receives compensation directly or indirectly from anyone other than the commonwealth or a state agency, in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which he participated as a state employee while so employed

  • Former state employee , within one year after his last employment has ceased, appears personally before any court or agency of the commonwealth as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and which was under his official responsibility as a state employee at any time within a period of two years prior to the termination of his employment

  • Former state, county or municipal employee who participated as such in general legislation on expanded gaming in the commonwealth or in the implementation, administration or enforcement of chapter 23K, and becomes an officer or employee of, or who acquires a financial interest in, an applicant for a gaming license or a gaming licensee under said chapter 23K within one year after his last state, county or municipal employment has ceased

CC §268A(4)

CC §268A(5)

 

 

Max. 5 years imprisonment in state prison or max. 2 ½ years imprisonment in jail or house of corrections; Max. fine $10,000

 

 

 

 

 

 

Michigan

  • Executive, legislative or judicial officer corruptly accepts any gift or gratuity, or  promises  to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding that his vote, opinion or judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity, he shall make any particular nomination or appointment (public official accepting a bribe)

PC §750.118

 

 Felony
Max. 10 years imprisonment or  max. fine of $5,000.

Prohibited from holding any public office, trust or appointment in the future.

 

  • Giving or receiving gifts to influence official action

  • Using, approving, or certifying, with intent to deceive the principal or employer, a receipt, account, invoice, or other document concerning which the principal or employer is interested that contains a statement that is materially false, erroneous, or defective or omits to state fully any commission, money, property, or other valuable thing given or agreed to be given to the agent or employee (false receipts)

PC §750.125

Misdemeanor
Max. imprisonment 1 year; Max. $1,000 fine

Minnesota

  • Public officer or employee, requests, receives or agrees to receive, directly or indirectly, any such benefit, reward or consideration upon the understanding that it will influence the person's performance of the powers or duties as such officer or employee (soliciting or receiving a bribe)

  • Offering, giving, or promising  to give, directly or indirectly, to any person who is a public officer or employee any benefit, reward or consideration to which the person is not legally entitled with intent thereby to influence the person's performance of the powers or duties as such officer or employee (offering a bribe)

CC §609.42

Max. imprisonment  10 years; Max. fine $20,000;
Forfeiture of office

 

  •  Intentionally refusing or omitting to pay state funds to the state or its agency or subdivision entitled thereto, or to an officer or agent authorized to receive the same (failure to pay over state funds)

  • Public officer or employee who audits, allows, or pays any claim or demand made upon the state or subdivision thereof or other governmental instrumentality within the state which the public officer or employee knows is false or fraudulent in whole or in part (Permitting false claims against government)

CC §609.445

CC §609.455

Max. 5 years imprisonment; Max. fine $10,000

 

  • Failure to perform functions of job; performing functions unlawfully; intentionally injuring others under the color of official authority; making a false return, certificate, official report, or other like document (Misconduct of public officer or employee )

  • Intentional and unlawful assumption of  public office

  • Intentionally refusing to surrender public  office or its seal, books, papers, or other incidents to a successor or other authority entitled thereto

CC §609.43

CC §609.44

Max. 1 year imprisonment;  Max. fine $3,000

 

  • Public officer or public employee, under color of office or employment,  intentionally asks, receives, or agrees to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed (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 imprisonment; Max. $5,000 fine;
Forfeiture of office; Disqualification from holding office or employment in the state

 

  • Attorney general and district attorney not to advise or defend a person charged with a crime or misdemeanor or the breach of a penal statute

CC §97-11-3

Misdemeanor 
Max. $500 fine;

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 in county jail; $50-$500 fine

 

  • Unlawfully converting to personal use any money or other valuable thing which comes to possession by virtue of office or employment, or , when lawfully required to turn over such money or deliver such thing,  does not immediately (Embezzlement; officers, trustees and public employees converting property to own use)

CC §97-11-25

 

Max. 20 years imprisonment  or max. fine $5,000

 

  • Bribery; penalty when officer, agent or trustee accepts bribe or offer of bribe

CC §97-11-13

Max. 10 years imprisonment ; max. fine of $5,000;
Forfeiture of office; Disqualified from holding 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 imprisonment or Minimum fine of twice embezzled amount

 

  • Wittingly makes any false entry, or erases any work or letter, or changes any record belonging to any court or public office, whether in his keeping or not (Alteration of records)

CC §97-11-1

 

Max. 10 years imprisonment

 

  • Extortion; collecting unauthorized fees and fees for services not actually rendered.

CC §97-11-33

Max. 5 years imprisonment; max. fine $5,000;
Removal from office

 

  • Embezzlement; officers and public agents failing to deliver money, records, etc. to successor

CC §97-11-27

Max. 10 years imprisonment or  max. $1,000 fine and max. 1 year in county jail

 

  • Elected  official exercising duties before taking oath or giving bond, as required

CC §97-11-41

Misdemeanor

Max. 1 year county jail; Max. fine $500

 

  • Officer approves any official bond, knowing or having good reason to believe the sureties to be insufficient (Bond; approving worthless official bond)

CC §97-11-9

Max. 6 months imprisonment in county jail; max. fine  $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 official position 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

EC §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

  • Knowingly offering, conferring or agreeing to confer upon any public servant any benefit, direct or indirect, in return for the recipient's official vote, opinion, recommendation, judgment, decision, action or exercise of discretion as a public servant; or the recipient's violation of a known legal duty as a public servant (Bribery of a public servant)

  • A public servant knowingly solicits, accepts or agrees to accept any benefit, direct or indirect, in return for the recipient's official vote, opinion, recommendation, judgment, decision, action or exercise of discretion as a public servant; or the recipient's violation of a known legal duty as 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. imprisonment  4 years; max. fine $5,000 or double the amount gained by the infraction, not to exceed $20,000

 

  • Discriminating against state employees; demanding undue payment; collects extra taxes; orders unauthorized payment of money; other offenses included for county and local officials (Official misconduct)

  • Misuse of official information

CC §576.040

CC §576.050

Class A misdemeanor
Max. imprisonment  1 year; max. fine $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. imprisonment  6 months; max. fine $500

Montana        

  • Purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another for any pecuniary benefit as a consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter, or  any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding (Bribery in official and political matters)

CC §45-7-101

 

 

Max. imprisonment  10 years; max. fine $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 C §2-2-304

 

Misdemeanor
Max. 6 months in county jail; max. fine  $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 imprisonment; max. fine $500;Forfeiture of office

Nebraska

  • Filing a statement or report required knowing that information contained in the statement or report is false or that the verification statement required on the document is false

  • Offering, conferring, or agreeing to confer any benefit upon a public servant or peace officer with the intent to influence that public servant or peace officer to violate his public duty, or oath of office, thereby influencing the public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his official capacity

  • While a public servant or peace officer, soliciting, accepting, or agreeing to accept any benefit upon an agreement or understanding that he will violate his public duty or oath of office by changing or amending his vote, opinion, judgment, exercise of discretion, or other action or inaction as a public servant or peace officer.

EC §49-14,134

CC §28-917

Class IV felony

Max. imprisonment  5 years; max. fine  $10,000

 

  • Knowing violation of any statute or  lawfully adopted rule or regulation relating to official duties (Official misconduct)

  • Public servant who, by color of or in the execution of his office, designedly, willfully, or corruptly injures, deceives, harms, or oppresses any person, or attempts to injure, deceive, harm, or oppress any person (Oppression under color of office)

CC §28-924

CC §28-926

Class II misdemeanor
Max. 6 months imprisonment; max. fine $1,000

 

  • Giving, or 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 imprisonment; Max. fine  $500

 

  • Negligent violation of sections 49-14,103.01 to 49-14,103.03

EC §49-14,103.04

Class V misdemeanor
Max. fine  $100

Nevada

  • Executive or administrative officer asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or other official proceeding will be influenced thereby, or that he or she will do or omit any act or proceeding or in any way neglect or violate any official duty

  • Public officer or employee asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or other official proceeding will be influenced thereby, or that he or she will do or omit any act or proceeding or in any way neglect or violate any official duty

  • Giving, offering or promising, directly or indirectly, any compensation, gratuity or reward to any public officer of the State, with the intent to influence the officer with respect to any act, decision, vote, opinion or other proceeding (legislators are guilty if they solicit or accept improper influence)

CC §197.030

CC §197.040

CC §198.010

Category C felony
Max. imprisonment  1-5 years; Max. fine $10,000;
Forfeiture of office

 

  • Deputy officer or attache of the state, county or municipal government of this state rebates, refunds, pays or devises, to or with his or her principal or to or with any person whatever, any part or portion of his or her salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such an appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his or her salary (Unlawful to agree to divide salary)

  • Extortion by public officer or employee

CC §197.060

CC §197.170

Category D felony
Max. imprisonment 1-4 years; Max. fine $5,000;
Forfeiture of office

 

  • Public officer asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, for omitting or deferring the performance of any official duty or for any official service which has not been actually rendered, except in case of charges for prospective costs or fees demandable in advance in a case allowed by law (Misconduct of public officer)

  • Public officer employs or uses any person, money or property under the public officer’s official control or direction, or in the public officer’s official custody, for the private benefit or gain of the public officer or another (Misconduct of public officer)

CC §197.110

Category E felony
Max. 1-4 years prison or probation; Max . fine $5,000;
Forfeiture of office

 

  • Oppression under color of office

CC §197.200

 

 

 

If physical force is used, a Category D felony
Max. imprisonment  1-4 years; Max. fine  $5,000
Forfeiture of office


If no force used,  gross misdemeanor, Max. imprisonment  6 months; max. fine$1,000

 

  • Public officer fraudulently appropriates to his or her own use or to the use of another person, or secretes with the intent to appropriate to such a use, any money, evidence of debt or other property entrusted to the officer by virtue of his or her office (Fraudulent appropriation of property)

CC §197.210

If violation worth $250 or more, category D felony
Max. imprisonment  1-4 years; Max. fine  $5,000;

Forfeiture of office

If violation worth less than $250,misdemeanor
Max. imprisonment  6 months; max. fine $1,000

 

  • Public officer knowingly audits, allows or pays, or directly or indirectly consents to or in any way connives in the audit, allowance or payment of any claim or demand against the State, county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent (Falsely auditing or paying claim)

CC §197.150

If claim amount is less than $250,misdemeanor
Max. imprisonment 6 months; max. fine $1,000

If claim amount is greater than $250,Category D felony
Max. imprisonment 1-4 years; max. fine $5,000;

Forfeiture of office

 

  • Giving, offering or promising, directly or indirectly, any compensation, gratuity or reward, in consideration that the person or another person shall be appointed to a public office or to a clerkship, deputation or other subordinate position in such office, or that the person or any other person shall be permitted to exercise, perform or discharge any prerogative or duty or receive any emolument of such office (Offering reward for appointment)

  • Public officer knowingly makes a false or misleading statement in an official report or statement, under circumstances not otherwise prohibited by law (False report by public officer)

  • Refusal to surrender public office

  • Public officer who, being authorized by law to make or give a certificate or other writing, knowingly makes and deliver s as true a certificate or writing containing any statement which the public officer knows to be false (Public officer making false certificate)

  • Any person who willfully takes upon himself or herself to exercise or officiate in any office or place of another, without being lawfully authorized (Wrongful exercise of official power)

  • Giving, offering or promising, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the State, with the intent to influence the officer with respect to any act, decision, vote, opinion or other proceeding (legislators are guilty if they solicit or accept improper influence) (Bribery of executive or administrative officer)

CC §197.080

CC §197.130

CC §197.120

CC §197.140

CC §197.180

Gross misdemeanor
Max. imprisonment 1 year; max. fine $2,000

 

  • Willful disobedience by a  public officer or other person of any other law regulating his or her official conduct

CC §197.220

Misdemeanor
Max. imprisonment  6 months; Max. fine  $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

NRS §281.480

NRS §281A.400

NRS §281.420

Up to $5,000 fine  for first violation; up to $10,000 fine  for second violation; up to $25,000 fine  for third violation

New Hampshire

  • Public officer or employee of the state who is responsible for certification of any work progress report, invoice, manifest or other document used as a basis for payment of any money appropriated under any capital or other budget act knowingly or willfully makes or certifies any false statement in connection (False certification by an officer or employee of the state)

  • Public officer or employee of the state in performing the duty of awarding any contract as a result of competitive bid, required under any capital budget act, knowingly or willfully makes or certifies any false statement in connection therewith or shall recommend to the governor and council the approval of any such award to other than the lowest responsible bidder (False statement in connection with awarding of contracts)

  • Promising, offering, or giving any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or vote (Bribery in official and political matters)

  • Public official solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to bribe them in their official duties, or fails to report to a law enforcement officer that he has been offered or promised a bribe(Bribery in official and political matters)

  • Improper influence; public servants failing to report improper influence

EC §96:1

EC §96:2

CC §640:2

CC §640:3

Class B felony
Max. imprisonment  7 years; max. fine $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

  • Public official solicits, accepts or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised his discretion, or for having violated his duty (Compensation for past action)

  • Public official promises, offers or gives any pecuniary benefit, acceptance of which would compensate another for past official action(Compensation for past action)

  • Public official solicits, accepts or agrees to accept any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or the governmental body with which he is affiliated (Gifts to public servants)

  • Public official knowingly gives, offers, or promises any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or the governmental body with which he is affiliated(Gifts to public servants)

  • Public official solicits, accepts, or agrees to accept any pecuniary benefit in return 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 (Compensation for services)

  • Public official gives, offers or promises any pecuniary benefit, knowing that it is prohibited as an unlawful compensation for services (Compensation for services)

  • A person solicits, accepts or agrees to accept, for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval or disapproval of any person for a position as a public servant or for the advancement of any public servant (Purchase of public office)

  • A person knowingly gives, offers or promises any pecuniary benefit prohibited as a purchase of public office(Purchase of public office)

  • A public official,  with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his 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

  • Public official, directly or indirectly offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion of a public servant, party official or voter on any public issue or in any public election, or any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a judicial or administrative proceeding (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

 CC §2C:30-2

 

 

 

 

 

If the bribe/benefit is $200 or less, Crime of the third degree
Max. imprisonment  3-5 years; max. fine $15,000

If bribe is more than $200, Crime of the second degree
Max. imprisonment  5-10 years; max. fine $150,000

 

  • Public servant , while performing his official functions on behalf of a governmental entity, knowingly transacts any business with himself, a member of his immediate family, or a business organization in which the public servant or an immediate family member has an interest (Unlawful official business transaction where interest is involved)

CC §2C:27-9

Crime of the fourth degree
Max. imprisonment  18 months; max. fine $10,000

 

  • 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

EC §52-13D-21(i)

EC §52:13D-15

EC §52:13D-20

EC §52:13D-25

EC §52:13D-24

Max. fine $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

  • Any public officer or public employee soliciting or accepting, directly or indirectly, anything of value, with intent to have his decision or action on any question, matter, cause, proceeding or appointment influenced thereby, and which by law is pending or might be brought before him in his official capacity (Demanding or receiving bribe by public officer or public employee)

CC NMSA§30-24-2

 

 

 

Third degree felony
Max. imprisonment  3 years; max. fine $5,000;

Forfeiture of office

 

  • Knowingly and willfully requesting a thing of value in exchange for official action

  • Knowingly and willfully taking an official act for the primary purpose of directly enhancing his own financial interest or financial position

  • Knowingly making or receiving payment or causing payment to be made from public funds where such payment purports to be for wages, salary or remuneration for personal services which have not in fact been rendered (Paying or receiving public money for services not rendered)

  • Knowingly, intentionally or willfully making, causing to be made or permitting to be made, a false material statement or forged signature upon any public voucher, or invoice supporting a public voucher, with intent that the voucher or invoice shall be relied upon for the expenditure of public money (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 NMSA §10-16-3

EC NMSA §10-16-4

CC NMSA §30-23-2

CC NMSA §30-23-3

CC NMSA §30-23-6

CC NMSA §30-26-1

Fourth degree felony
Max. imprisonment  18 months; max. fine $5,000

 

  • Knowingly and willingly violates financial disclosure requirements

  • Accepting honoraria

  • Using confidential information for private gain

  • Unlawful contracting

  • Any public officer or public employee directly or indirectly 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 (Unlawful speculation in claims against state)

  • Unlawful interest in public contracts where the value received by him is $50 or less

  • Any person wrongfully or unlawfully refusing or neglecting to deliver unto the proper authority, any record of either house of the legislature, of any court of this state or of any department of the state or local government which he has in his possession, within three days after demand has been made by the proper officer (Refusal to surrender public record)

EC NMSA§10-16-17

EC NMSA §10-16A-7

EC NMSA §10-16-4.1

EC NMSA §10-16-6

EC NMSA §10-16-7

EC NMSA §10-16-8

EC NMSA §10-16-9

CC NMSA §30-23-5

CC NMSA §30-23-6

CC NMSA §30-26-2

Misdemeanor

Max. imprisonment 1 year; max. fine $1,000

 

 

 

 

 

 

 

 

 

 

 

 

  • Willful neglect of duty

EC NMSA §10-17-12

Misdemeanor

Max. 10-60 days in county jail or max. fine of  $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  NMSA §30-23-1

Petty Misdemeanor
Max. imprisonment 6 months; max. fine  $500

New York

  • Public servant solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony (Bribe receiving in the first degree)

PC §200.12

Class B felony
Max. imprisonment  25 years;  max. fine $5,000 or double the gain

 

  • A public servant solicits, accepts or agrees to accept any benefit valued in excess of $10,000 from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced (Bribe receiving in the second degree) solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony  or the attempt to commit any such class A felony (Receiving reward for official misconduct in the first degree)

PC §200.11

PC §200.27

Class C felony
Max. imprisonment 15 years; max. fine $5,000 or double the gain

 

  • Unlawful fees and payments

  • Bribery of members of the legislature

EC § 77

EC §75

Felony 
Max. imprisonment 10 years; max. fine $5,000;

Forfeiture of office; disqualified from holding future office

 

  • Receiving bribes by members of legislature.

  • Public servant solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced (Bribe receiving in the third degree)

  • Confers, or offers or agrees to confer, any money or other property upon a public servant or a party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office (Bribe giving for public office)

  • A public servant or a party officer   solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office (Bribe receiving for public office)

EC §76

PC §200.10

PC §200.45

PC §200.50

Class D felony
Max. imprisonment  7 years; max. fine $5,000 or double the gain;

Forfeiture of office, disqualification from holding future office

 

  • Defrauding the government

  • Public servant solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant (Receiving reward for official misconduct in the second degree)

PC §195.20

PC §200.25

Class E felony
Max. imprisonment  4 years; max. fine  $5,000 or double the gain

 

  • Public servant, with intent to obtain a benefit or deprive another person of a benefit, commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized, or knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office (Official misconduct)

  • Public servant solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation (Receiving unlawful gratuities)

PC §195.00

PC §200.35

Class A misdemeanor
Max. imprisonment 1 year; max. fine  $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. imprisonment 1 year;  max. fine $1,000 or double the gain

North Carolina

  • Public officer or employee embezzles or knowingly and willfully misapplies or converts the same to his own use, or otherwise willfully or corruptly abuses such trust, such offender and all persons knowingly and willfully aiding and abetting or otherwise assisting (Embezzlement of State property by public officers and employees)

CC §14-91

 If value is $100,000 or more, a Class C felony, Max. imprisonment  50 years, fine determined by court, or both

If value is less than $1,000, a Class F felony,

Max. imprisonment  20 years , fine determined by court, or both

 

  • Any person holding office, or who has filed a notice of candidacy for or been nominated for such office, receiving, or consenting to receive, directly or indirectly, anything of value or personal advantage, or the promise thereof, for performing or omitting to perform any official act, which lay within the scope of his official authority and was connected with the discharge of his official and legal duties, or with the express or implied understanding that his official action, or omission to act (Bribery of officials (giving or receiving))

CC §14-217

Class F felony
Max. imprisonment  20 years, fine determined by court, or both

 

  • Buying and selling public offices

CC §14-228

Class I felony

Max. imprisonment  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

-Enter on the duties of office before executing and delivering to the authority entitled to receive the same the bonds required by law, and qualifies by taking and subscribing and filing in the proper office the oath of office prescribed (Acting as officer before qualifying)

  • Willfully failure 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. imprisonment  1-45 days; fine at discretion of court; forfeiture of Office

 

  • Private use of publicly owned vehicle

CC §14-247

Class 2 misdemeanors
Max. imprisonment  1-30 days;  max. fine $1,000

North Dakota

  • State official willfully publishes any false statement in regard to any state department, institution, or industry which tends to deceive the public and create a distrust of any state official or employee in charge of such  department, institution, or industry, or which tends to obstruct, hinder, and delay the various departments, institutions, and industries of the state (Publishing false statements)

  • knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for the recipient's official action as a public servant, or the recipient's violation of a known legal duty as a public servant (Bribery)

  • Illegal influence between legislators or between legislators and governor; trading votes or trading official actions or bribes

  • Public servant knowingly  violates a statutory duty imposed on him as a public servant and discloses any confidential information which he has acquired as a public servant (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. imprisonment  5 years; max. fine $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 authorized to sell or lease any property, or to make any contract in his official capacity, alone or in conjunction with other public servants, voluntarily becomes interested individually in the sale, lease, or contract, directly or indirectly (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
Max. imprisonment  1 year; max. fine $2,000

 

 

  • Knowingly 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

EC §54-03-18

Class A misdemeanor
Max. imprisonment  30 days

 

  • Intentional violation of statement of economic interest statutes

EC §16.1-09-07

Class B misdemeanor
Max. imprisonment  30 days; max. fine  $1,000;

Forfeiture of office

Ohio

  • Bribery

CC §2921.02

Felony of the third degree
Max. imprisonment  1-5 years; max. fine $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
Max. imprisonment  6-18 months; Max . fine $5,000

 

  • Theft in office; restitution; withholding of retirement benefits

CC §2921.41

Felony of the fifth degree if under $500,
max. imprisonment  6-12 months; max. fine $2,000

Felony of the fourth degree if $500-$5,000,
max. imprisonment  6-18 months; max. fine $5,000

Felony of the third degree if more than $5,000,
max. imprisonment  1-5 years; max. fine $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 §102.02

EC §102.03

EC §102.04

EC §102.99

CC §2921.42

CC §2921.43

CC §2921.45

Misdemeanor of the first degree
Max. imprisonment 180 days; max. fine $1,000

 

  • Public official of the state recklessly creates a deficiency, incurs a liability, or expends 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

  • Public servant recklessly fails to perform a duty or recklessly do any act expressly forbidden by law

CC §2921.44(D-E)

Misdemeanor of the second degree
Max. imprisonment  90 days; max. fine $750

 

  • Failure to file a statement of financial disclosure

  • Accepting unlawful gifts from lobbyists

  • Disclosure by a public official during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case (Disclosure of confidential information)

EC §102.02

EC §102.031

EC §102.99

CC §2921.24

Misdemeanor of the fourth degree
Max. imprisonment  30 days; max. fine $250

Oklahoma

  • Embezzlement and false accounts by state officers

CC §21-341

Felony
Max. imprisonment 1-20 years; max. fine of $500;
Forfeiture of office; disqualification from future office

 

  • Asks, receives or agrees to receive any bribe (Soliciting bribes)

  • 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 (Vote trading)

CC §21-309

Felony
Max. imprisonment 10 years; max. fine $5,000;
Forfeiture of office; disqualification from future office

 

  • Giving or offering  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 (Offering a bribe to a member of the State Legislature)

  • Member of the State Legislature accepts 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 (Member of the State Legislature Receiving a bribe)

CC §21-318

Felony

Max. imprisonment  2-5 years; max. fine  $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

Max. imprisonment  1-5 years; max. fine $100-$1,000;

Forfeiture of office

 

  • Public official or public employee, directly or indirectly coerces, attempts to coerce, command, advise or direct any state employee to pay, lend or contribute any part of his or her salary or compensation, time, effort or anything else of value to any party, committee, organization, agency or person for political purposes (Coercing political participation of state employees)

  • Public employee or official retaliates against any employee for exercising his or her rights or for not participating in permitted political activities as provided in Ethics Commission Rule (Coercing political participation of state employees)

CC §21-360

Felony
Max. imprisonment  2 years; max. fine $10,000

 

  • State officer willfully disobeys any provisions of law regulating his official conduct, in cases other than those specified (Other violation of official conduct)

  • Fraud by officer authorized to sell, lease or make contract

CC §21-343

CC §21-344

Misdemeanor 
Max. imprisonment  1 year; max. fine $500

Oregon

  • Public servant solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will be influenced (Bribe receiving)

  • Public servant  accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will be influenced (Bribe receiving)

  • For the purpose of influencing in any way the action of the State Treasury, the person knowingly makes any false statement or report ( Public investment fraud)

CC §162.025

CC §162.117

Class B felony
Max. imprisonment 10 years; max. fine $250,000

 

  • Filing false statements of financial disclosure required of the State Treasurer and certain other officials

EC ORS §244.055

EC ORS § 244.355

Class C felony
Max. imprisonment 5 years; max. fine $125,000

 

  • With intent to obtain a benefit or to harm another, public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office (Official misconduct in the first degree)

  • With intent to obtain a benefit or to harm another, public servant knowingly performs an act constituting an unauthorized exercise in official duties(Official misconduct in the first degree)

CC ORS§162.415

Class A misdemeanor
Max. imprisonment 1 year;  max. fine $6,250

 

  • Misuse of confidential information

CC ORS §162.425

Class B misdemeanor
Max. imprisonment  6 months; max. fine  $2,500

 

  • Knowingly violates any statute relating to the office of the person (Abuse of Public Office/ Official misconduct in the second degree)

CC ORS §162.405

Class C misdemeanor
Max. imprisonment 30 days; max. fine $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 ORS §244.025

EC ORS §244.040

EC ORS §244.042

EC ORS §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

  • Offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another any pecuniary benefit as consideration for the decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter by the recipient;  any benefit as consideration for the decision, vote, recommendation or other exercise of official discretion by the recipient in a judicial, administrative or legislative proceeding; or any benefit as consideration for a violation of a known legal duty as public servant or party official (Bribery in official and political matters)

CC 18 §4701

 

 

Felony of the third degree

Max. imprisonment  7 years; max. fine $2,500-$15,000

 

  • Engaging in conduct that constitutes a conflict of interest

  • Accepting or seeking improper influence

EC 65 §1103(a)

EC 65 §1103(b)

Felony
Max. imprisonment  5 years; max. fine $10,000

 

  • Willfully affirming or swearing falsely in regard to any material matter before an ethics commission proceeding

EC 65 §1109(e)

Felony
Max. imprisonment  5 years; max. fine $5,000

 

  • A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity (Official oppression)

  • Speculating or wagering on official action or information

CC 18 §5301

CC 18 §5302

Misdemeanor of the second degree

Max. imprisonment  2 years; max. fine  $500-$5,000

 

  • 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

  • Improperly representing another before a state agency

  • Vote on a matter in which there is a conflict of interest

  • Improperly files or does not file a statement of economic interest

EC 65 §1103(d)

EC 65 §1103(e)

EC 65 §1103(f)

EC 65 §1103(g)

EC 65 §1103(j)

EC 65 §1104

 

 

 

Misdemeanor
Max. imprisonment 1 year; max. fine $1,000 (Anyone who gains financially from a violation must pay three times the gain)

Rhode Island

  • Corruptly accepting, or obtaining or agreeing to accept, or attempting to obtain from any person, for himself or herself or any other person, any gift or valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the business of his or her principal, master, employer, or state, city, or town of which he or she is an official, or for showing or forbearing to show favor or disfavor to any person in relation to the business of his or her principal, master, employer, or state, city, or town of which he or she is an official (Solicitation or acceptance of bribe by agent, employee, or public official)

  • Corruptly giving or offering any gift or valuable consideration to any person in public or private employ, or any public official as inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in retaliation to the business of his or her principal master or employer, or the state, city, or town of which he or she is an official, or for showing or forbearing to show favor or disfavor to any person in relation to the business of his or her principal, master, employer, or state, city or town of which he or she is an official.

EC §11-7-3

EC §11-7-4

 

Felony
Max. imprisonment  20 years; max. fine $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 § 36-14-5

EC §36-14-19

 

 

 

Misdemeanor
Max. imprisonment  1 year; max. fine $1,000

 

 

 

  • Failure to pay state funds into treasury

CC §11-28-1

Max. imprisonment  5 years; Max. fine $500

 

  • Failure of officer to pay over fines, forfeitures, or penalties for three months or more

CC §11-28-2

Fine of three times the value of the amount  of the fine, forfeiture, or penalty that was withheld or not paid over

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 §8-13-705

 

 

Felony
Max. imprisonment 10 years;  max. fine $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 §8-13-700

EC §8-13-710

EC §8-13-720

EC §8-13-740

EC §8-13-745

EC §8-13-750

EC §8-13-755

EC §8-13-760

EC §8-13-765

EC §8-13-770

EC §8-13-775

Misdemeanor
Max. imprisonment  1 year;  max. fine $5,000

 

  • Public officer corruptly accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to such an officer under an agreement or with an understanding that his vote, opinion or judgment shall be given in any particular manner or on any particular side of any question, cause or proceeding which is or may be by law brought before him in his official capacity or that, in such capacity, he shall make any particular nomination or appointment (Acceptance of bribes)

CC §16-9-220

Max. 10 years imprisonment in the State Penitentiary at hard labor or  max. fine $5,000 and max. 2 years in jail;
Forfeiture of office; Disqualification from future office

 

  • Use or disclosure of confidential information by public official, member, or employee for financial gain

EC §8-13-725

Max. imprisonment  5 years; max. fine $5,000; Immediate discharge from office following conviction

 

  • Public official accept rebates or extra compensation in addition to that provided by law (Acceptance of rebates or extra compensation)

CC §16-9-230

Max. imprisonment 3 months-5 years or max. fine of $100-$500

 

  • Directly or indirectly, offering to give or engage to pay any sum of money or other valuable consideration to another in order to induce such other person to procure for him by his interest, influence or any other means whatsoever any office or place of trust within the State (Bribe for purpose of inducing another to procure public office)

  • Offering, giving, promising or bestowing any reward by meat, drink or otherwise, to procure for him by his interest, influence or any other means whatsoever any office or place of trust within the State (Bribe for purpose of inducing another to procure public office)

 

CC §16-9-280

Max. 6 months; Fine $100-$500

 

  • Receiving any sum of money or reward of meat, drink or other valuable consideration for procuring or assisting to procure any office or place of trust in this State (Acceptance of bribes for purpose of procuring public office)

CC §16-9-290

Max. fine  $100; prison at court’s discretion; Permanent forfeiture of office

South Dakota

  • Member of the Legislature asks, receives, or agrees to receive any bribe upon any understanding that the member's official vote, opinion, judgment, or action be influenced thereby, or who is given any bribe in any manner upon any particular side of any question or matter upon which the member may be required to act in an official capacity (Solicitation of bribes by legislators)

  • Giving, or offering to give, a bribe to any member of the Legislature, or attempting, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legislative session, or any committee (Bribery or unlawful influence of legislators)

  • Giving or offering a bribe to a public officer or employee with intent to influence the officer or employee in respect to any act, decision, vote, opinion, or other proceeding for which the officer or employee is responsible (Bribery of public officer)

  • Public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced (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. imprisonment 10 years; max. fine $10,000;

Forfeiture of office; disqualification from future office

 

  • Giving, or agreeing or offering to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office (Giving consideration for appointment to or performance of duties of public office)

  • Directly or indirectly, asking or receiving any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a public office (Receiving consideration for appointment to or employment in public office)

  • Public officer or employee  asks or receives any fee or consideration for any official service which has not been rendered or other consideration excepting as authorized by law, for doing any official act (Solicitation of unauthorized fee for doing official act)

  • Public officer or employee who asks or receives any emolument, gratuity, reward, or other consideration for omitting or deferring the performance of any official duty (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. imprisonment 1 year; max. fine $1,000;

Forfeiture of office; disqualification from future office

 

  • Public officer, being authorized to sell or lease any property, or make any contract in his official capacity, who voluntarily becomes interested individually in such sale, lease, or contract, directly or indirectly (Improper interest by public officers in state contracts)

  • Intentional omission by a  public officer  to perform  any duty that  is or shall be enjoined by law, where no special provision is  made for the punishment of such delinquency (Willful failure to perform official duty)

  • Keeping office or property at unauthorized place

  • Intentional 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
Max. imprisonment  30 days; max. fine $200

Tennessee

  • Offering, conferring, or agreeing to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity (Bribery of public servant)

  • Public servant solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will be influenced (Bribery of public servant)

CC  TN Code Ann. §39-16-102

 

Class B felony

Max. imprisonment  8-30 years; max. fine $25,000

 

  • Buying and selling in regard to offices

CC TN Code Ann.  §39-16-105

Class C felony
Max. imprisonment  3-15 years; max. fine $10,000

 

-Public servant requests a pecuniary benefit for the performance of an official action knowing that the public servant was required to perform that action without compensation or at a level of compensation lower than that requested (Soliciting unlawful compensation)

-Public servant, with intent to obtain a benefit or to harm another, intentionally or knowingly:

  • Commits an act relating to the servant's office or employment that constitutes an unauthorized exercise of official power;

  • Commits an act under color of office or employment that exceeds the servant's official power;

  • Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment;

  • Violates a law relating to the public servant's office or employment; or

  • Receives any benefit not otherwise authorized by law. (Official misconduct)

-A public servant acting under color of office or employment:

  • Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or

  • Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful (Official oppression)

-Public servant, by reason of information to which the public servant has access in the public servant's official capacity and that has not been made public, attains or aids another to attain a benefit (Misuse of official information)

CC TN Code Ann.  §39-16-104

CC TN Code Ann.  §39-16-402

CC TN Code Ann.  §39-16-403

CC TN Code Ann. §39-16-404

Class E felony
Max. imprisonment 1-6 years; max. fine $3,000

 

  • Knowingly and 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 TN Code Ann.  §8-47-101

Removal from office

Texas

  • Offering, conferring, or agrees to confer on another, or solicits, accepts, or agrees to accept a bribeC §36.02

 

 

Felony of the second degree
Max. imprisonment  2-10 years; max. fine  $10,000

 

  • Misuse of official information

 

PC §39.06

 

 

Felony of the third degree

Max. imprisonment  2-10 years; max. fine  $10,000

 

  • Abuse of official capacity; misuse of government property

 

 

 

 

 

PC §39.02

 

 

 

 

 

 

 

Value under $20:

Class C misdemeanor

Max. fine $500

Value $20-$500:

Class B misdemeanor

Max. imprisonment  180 days; max. fine $2,000

Value $500-$1,500:

Class A misdemeanor

Max. imprisonment  1 year; max. fine $4,000

Value $1,500-$20,000:

State jail felony

Max.  imprisonment 180 days-2 years; max. fine $10,000

Value $20,000-$100,000:

Felony of third degree

Max. imprisonment  2-10 years; max. fine $10,000

Value $100,000-$200,000:

Felony of second degree

Max. imprisonment  2-20 years; max. fine $10,000

Value over $200,000:

Felony of first degree

Max. imprisonment  5-99 years; max. fine $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

  • Soliciting, accepting, or agreeing to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties (Acceptance of honorarium)

  • Public official solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency (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. imprisonment  1 year; max. fine $4,000

 

  • Knowing failure to file financial disclosure statements

GC §572.034

Class B misdemeanor
Max. imprisonment 180 days; max. fine  $2,000

 

  • Coercing another to suppress information

PC §39.06

Class C misdemeanor

Max. fine $500

 

  • Criminal penalty for nepotism violation

GC §572.084

Misdemeanor
Max. fine $100-$1,000

Utah

  • Misusing public monies; more than $5,000

 

CC §76-8-402

 

 

Felony of the second degree
Max. imprisonment 1-15 years; Max. fine $10,000

 

  • Fraudulently altering the draft of any bill or resolution which has been presented to either of the houses composing the Legislature to be passed or adopted, with intent to procure its being passed or adopted by either house, or certified by the presiding officer of either house in language different from that intended by such house (Alteration of proposed legislative bill or resolution)

  • Fraudulently altering the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature with intent to procure it to be approved by the governor or certified by the Division of Archives, or printed or published by the printer of statutes in language different from that in which it was passed or adopted by the Legislature (Alteration of enrolled legislative bill or resolution)

  • Misusing public monies

  • Failure to keep and pay over public monies

  • Public officer makes a profit from or out of public money, or who uses public money in a manner or for a purpose not authorized by law (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. imprisonment  5 years; max. fine $5,000

 

 

 

 

  • Promising, offering, or agreeing to give or giving, directly or indirectly, any benefit to another with the purpose or intent to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion of a public servant, party official, or voter (Bribery or offering a bribe)

  • Asking for, soliciting, accepting, or receiving, directly or indirectly, any benefit with the understanding or agreement that the purpose or intent is to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, of a public servant, party official, or voter (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. imprisonment  5 years; max. fine $5,000

If gain more than $1,000, second degree felony

Max. imprisonment 1-15 years; max. fine  $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 

Max. imprisonment  1-15 years; max. fine $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, felony of the third degree 
Max. imprisonment  5 years; max. fine  $5,000

If gain is $100-$250, class A misdemeanor 

Max. imprisonment 1 year;  max. fine $2,500

If gain less than $100, class B misdemeanor 

Max. imprisonment 6 months; max. fine  $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. imprisonment  1 year; max. fine $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 (Conflict of interest -- Prohibition of benefit)

  • Failure of member of Legislature to disclose interest in measure or bill

  • Public servant, with an intent to benefit himself or another or to harm another, knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office (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. imprisonment 6 months; max. fine $1,000

Vermont

  • Public official  shall not, directly or indirectly, corruptly, ask, demand, exact, solicit, accept, receive or agree to receive a gift or gratuity, or a promise to make a gift or to do an act beneficial to himself or herself or another with the understanding that he or she will be influenced thereby in any finding, decision, report or opinion in any matter within his or her official capacity or employment; or for or because of any finding, decision, report or opinion in any matter within his or her official capacity or employment (Public officers or employees accepting bribes)

CC 13 §1102

 If benefit less than $500, max. imprisonment  2 years; max. fine $5,000.

If benefit more than $500, max. imprisonment  10 years; max. fine $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. imprisonment  2 years; max. fine $5,000

If benefit more than $500, max. imprisonment  5 years; max. fine $10,000

 

  • Public official or employee  willfully neglects to perform the duties imposed upon him or her by law, either express or implied (Neglect of duty by public offices)

CC 13 §3006

Max. imprisonment  1 year; max. fine $1,000

 

  • Public officer , or other person authorized to serve civil process, receives a fee, commission or other thing of value, for or on account of anything done by him or her concerning such civil process in his or her hands for service or its underlying cause of action (Taking illegal fees)

CC 13 §3010

Max. fine $100

Virginia

  • Any officer, agent or employee of the Commonwealth or of any city, town, county, or any other political subdivision, or the deputy of any such officer having custody of public funds, or other funds coming into his custody under his official capacity, knowingly misuses or misappropriates the same or knowingly disposes  otherwise than in accordance with law (Embezzlement of public or other funds)

  • Public official or candidate accepts any gift or gratuity or any promise to make a gift or do any act beneficial to such officer or candidate under an agreement, or with an understanding, that his vote, opinion or judgment shall be given on any particular side of any question, cause or proceeding which is or may be by law brought before him in his official capacity or that in such capacity he shall make any particular nomination or appointment or take or fail to take any particular action or perform any duty required by law (Acceptance of bribe by officer or candidate)

CC §18.2-112

CC §18.2-439

Class 4 felony
Max. imprisonment  2-10 years; max. fine  $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. imprisonment 1 year; max. fine $2,500; Forfeiture of office; Forever disqualified from future office

Washington

  • Misappropriation and falsification of accounts by public officer

EC  RCW  §42.20.070

Class B felony

Max. imprisonment  15 years; max. fine $20,000

 

  • Bribery; offering, conferring, accepting, or agreeing to accept

CC RCW §9A.68.010

Class B felony

Max. imprisonment  10 years; max. fine $20,000

 

  • Public official or employee willfully misappropriates  moneys, funds, or securities received by or deposited with him or her as  treasurer, or commits any other malfeasance or willful neglect of duty in his or her office (Misappropriation by treasurer)

 

EC RCW§42.20.090

Class C felony

Max. imprisonment  5 years; max. fine  $5,000

 

  • Public servant  requests a pecuniary benefit for the performance of an official action knowing that he or she is required to perform that action without compensation or at a level of compensation lower than that requested (Requesting unlawful compensation)

  • Public servant requests, accepts, or agrees to accept compensation for advice or other assistance in preparing a bill, contract, claim, or transaction regarding which he or she knows he or she is likely to have an official discretion to exercise (Receiving or granting unlawful compensation)

  • Public servant knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction regarding which the public servant is likely to have an official discretion to exercise (Receiving or granting unlawful compensation)

  • Public servant confers, or agrees to confer any pecuniary benefit upon a public servant pursuant to an agreement or understanding that such actor will or may be appointed to a public office (Trading in public office)

  • Public servant requests, accepts, or agrees to accept any pecuniary benefit from another person pursuant to an agreement or understanding that such person will or may be appointed to a public office(Trading in public office)

 

CC RCW §9A.68.020

CC RCW §9A.68.030

CC RCW §9A.68.040

Class C felony

Max. imprisonment  5 years; max. fine  $10,000

 

  • Public officer who, for any reward, consideration, or gratuity paid or agreed to be paid,  directly or indirectly, grants to another the right or authority to discharge any function of his or her office, or permit another to perform any of his or her duties (Powers may not be delegated for profit)

  • Intrusion into and refusal to surrender public office

  • Public officer knowingly makes any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law (False report by a public officer)

  • Public officer knowingly makes and delivers as true a certificate or writing containing any statement which he or she knows to be false, in a case where the punishment thereof is not expressly prescribed by law (Public officer making false certificate)

  • Public official whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands knowingly audits, allow s or pays, or, directly or indirectly, consents to or in any way connives at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent (Falsely auditing and paying claims)

  • Public servant ,with intent to obtain a benefit or to deprive another person of a lawful right or privilege, intentionally commits an unauthorized act under color of law; or intentionally refrains from performing a duty imposed upon him or her by law (Official misconduct)

  • Public officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, knowingly  certifies falsely that the execution of such instrument was acknowledged by any party  or that the execution was proved (False certification made by public officer)

EC RCW §42.20.020

EC RCW §42.20.030

EC RCW §42.20.040

EC RCW §42.20.050

EC RCW §42.20.060

CC RCW §9A.80.010

CC RCW §9A.60.050

Gross misdemeanor
Max. 364 days imprisonment: Max. fine $5,000

 

  • Willful neglect  by a public official to perform any duty enjoined by law, except where otherwise specially provided for (Failure of duty by public officer)

EC RCW §42.20.100

Misdemeanor
Max. imprisonment  90 days; max. fine $1,000

West Virginia

  • Offering, conferring or agreeing to confer to or upon another, or soliciting, accepting or agreeing to accept from another, directly or indirectly,  pecuniary benefit as consideration for the recipient's official action as a public servant or party official; or any  benefit as consideration for the recipient's official action as a public servant in an administrative or judicial proceeding; or any benefit as consideration for a violation of a legal duty as a public servant or party official (Bribery in official and political matters)

  • Agreeing to render or not to render official action as a public servant or party official as consideration for a pecuniary benefit being offered or conferred to or upon, or as consideration for a promise that a pecuniary benefit shall be offered or conferred to or upon, another person or a party official or a political party(Bribery in official and political matters)

CC §61-5A-3

Felony
Max. imprisonment 1-10 years; disqualified from holding office

 

  • Soliciting, accepting or agreeing to accept, directly or indirectly, a pecuniary benefit for having  engaged in official action as a public servant; or having violated a legal duty as a public servant ( Unlawful rewarding for past behavior)

  • Offering, conferring or agree ingto confer, directly or indirectly, a pecuniary benefit for having  engaged in official action as a public servant; or having violated a legal duty as a public servant (Unlawful rewarding for past behavior)

CC §61-5A-4

Misdemeanor
Max. imprisonment 3 months-1 year; max. fine $5,000

 

  • Gifts or gratuities to public servants

  • Trading in public office

CC §61-5A-6

CC §61-5A-7

Misdemeanor
Max. imprisonment 3 months-1 year; max. fine $50-$1,000

 

  • Disclosure of confidential information

  • Representing clients before state agencies

  • Representing others before state boards

EC §6B-2-10(a)

Misdemeanor
Max. imprisonment 6 months;  max. fine $1,000; Subject to immediate removal from office or discharge from employment

 

  • Knowing failure or refusal to file a financial disclosure statement

EC §6B-2-10(c)

Misdemeanor;
Max. fine $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. imprisonment 1 year; max. fine $1,000;

Disqualified from future office and future jury duty

 

  • Public officer authorized to serve legal process receives  money or other thing of value for omitting or delaying to perform any duty pertaining to his office (Receiving bribe by officer in delay of service of process)

CC §61-5-6

Misdemeanor

Max. imprisonment  6 months; max. fine $100

 

  • Public official willfully  fails or refuses to perform any duty required of him by law (Failure to perform official duties)

CC §61-5-28

Misdemeanor

Max. fine $100

Wisconsin

  • With intent to influence official conduct,  transfers or promises to a public officer or employee or on the officer's or employee's behalf any property or any personal advantage which the officer or employee is not authorized to receive (Bribery of public officers and employees)

  • Public officer or public employee directly or indirectly accepts or offers to accept any property or any personal advantage, which the officer or employee is not authorized to receive, pursuant to an understanding that it is to influence official conduct (Bribery of public officers and employees)

CC §946.10

Class H felony
Max. imprisonment  6 years; max. fine $10,000

 

  • Giving or withholding votes by local and state public officials, employees  or candidates

  • Influence in return for things of value

  • Special privileges from public utilities

  • Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law (Misconduct in public office)

  • Public officer or employee does an act knowingly in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity (Misconduct in public office)

  • By act of commission or omission, public officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another (Misconduct in public office)

  • Public officer or employee  makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies (Misconduct in public office)

  • Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law(Misconduct in public office)

  • Private interest in public contract

  • Public officer or public employee ,in a private capacity, directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision or against any public fund (Purchasing claims at less than full value)

  • Public and publicly funded construction contracts at less than full value

EC §19.45 (13)

EC §19.59 (1) (br)

EC §19.58(b)

CC §946.11

CC §946.12(1-5)

CC §946.13

CC §946.14

CC §946.15

Class I felony
Max. imprisonment 3 years and 6 months; max. fine $10.000

 

  • Giving, agreeing, or offering  to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee (Corrupt means to influence legislation)

  • Receiving, or agreeing to receive anything of value for procuring the passage or defeat of any measure before the legislature or before either house or any committee (Corrupt means to influence legislation)

  • Having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee, and attempting  in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney (Corrupt means to influence legislation)

CC §946.17

Class A misdemeanor

Max. imprisonment 9 months; max. fine $10,000

 

  • Judicial officer causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection (Judicial officer collecting claims)

CC §946.16

Class B misdemeanor
Max. 90 days imprisonment; max. fine $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)

EC §19.45

Max. 1 year imprisonment in county jail; max. fine  $100-$5,000

Wyoming

  • Offers, confers or agrees to confer any pecuniary benefit, testimonial, privilege or personal advantage upon a public servant as consideration for the public servant's vote, exercise of discretion or other action in his official capacity (Bribery)

  • Public servant solicits, accepts or agrees to accept any pecuniary benefit, testimonial, privilege or personal advantage upon an agreement or understanding that his vote, exercise of discretion or other action as a public servant will thereby be influenced(Bribery)

  • Soliciting, accepting or agreeing to accept any pecuniary benefit as compensation for having, as a public servant, given a decision or vote favorable to another, or for having otherwise exercised a discretion in his favor, or for having violated statutory duties. “Compensation" does not include mere acceptance of an offer of employment (Compensation for past official behavior)

  • Soliciting, accepting or agreeing to accept a pecuniary benefit for the performance of an official action knowingly required to perform that action without compensation or at a level of compensation lower than that requested (Soliciting unlawful compensation)

CC §6-5-102

CC §6-5-103

CC §6-5-104

Felony
Max. imprisonment  10 years; max. fine  $5,000;
Removal from office

 

  • Public servant fails or refuses to account for, deliver and pay over property received by virtue of the office, when legally required by the proper person or authority (Failure or refusal to account for, deliver, or pay over property)

CC §6-5-111

Felony
Max. imprisonment 5 years; max. fine $5,000;

Removal from office

 

  • Public servant makes and issues an official certificate or other official written instrument which he is authorized to make and issues containing a statement which he knows to be false with intent to obtain a benefit or maliciously to cause harm to another(Issuing false certificate)

CC§6-5-108(a)

Felony
Max. imprisonment 10 years; max. fine $10,000;

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

  • Public servant intentionally fails to perform a duty in the manner and within the time prescribed by law (Official misconduct)

CC §6-5-105

 CC §6-5-107(b)

 

Misdemeanor
Max. imprisonment 6 months; max. fine $750; Removal from office

 

 

  • Public servant requests or receives any pecuniary benefit, other than lawful compensation, on any contract, or for the letting of any contract, or making any appointment where the government employing or subject to the discretion or decisions of the public servant is concerned (Conflict of interest; receiving a personal benefit from a state contract)

  • Public servant or public officer, with intent to obtain a pecuniary benefit or maliciously to cause harm to another, knowingly commits an unauthorized act relating to his official duties; refrains  from performing a duty imposed upon him by law; or violates any statute relating to his official duties (Official misconduct)

CC §6-5-106

CC §6-5-107(a)

Misdemeanor 
Max. fine $5,000;

Removal from office

 

  • Public servant makes and issues an official certificate or other official written instrument which he is authorized to make and issues containing a statement which he knows to be false (Issuing false certificates)

  • Public servant lawfully or unlawfully comes into possession of any property of any government and, with intent temporarily to deprive the owner of its use and benefit, converts the public property to his own use or any use other than the public use authorized by law (Wrongful appropriation of public property)

CC §6-5-108(b)

CC §6-5-110

Misdemeanor 
Max. fine $1,000; Max. imprisonment 1 year

 

  • 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. fine  $1,000

 Guam

  • Offering, conferring upon, or agreeing to confer upon a public servant any benefit as consideration  for his performance of an official function (Giving bribes)

  • -Public servant solicits,  accepts or agrees to accept any benefit from another person as consideration  for his performance of an official function (Receiving bribes)

CC 9§49.20

CC 9§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 13§13106(b)

 

 

 

Third degree felony

Max. imprisonment 90 days-3 years;  max. fine $5,000 for each non-disclosed felony conviction

 

  • Influencing or attempting  to influence the performance of an official function by a public servant by any threat which would constitute a means of committing the offense of theft by extortion if such threat were employed to obtain property (Unlawful influence by extortion)

CC9 §49.50

Felony of the third degree

 

  •  Unlawful disbursement of public funds appropriated by I Liheslaturan GuĂ„han (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 14§14110

Misdemeanor (Malfeasance in office)

Max. imprisonment 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

  • Public servant, with intent to benefit  himself or another person or to harm another person or to deprive another person of a benefit,  commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized(Official misconduct)

  • Public servant, with intent to benefit  himself or another person or to harm another person or to deprive another person of a benefit, knowingly refrains from performing a duty which is  imposed upon him by law or is clearly inherent in the nature of his office (Official misconduct)

EC 13§13106(a)

CC 9§49.80

CC 9§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 whether in the form of money, prize, service, loan, travel, entertainment, hospitality, thing or promise, if gift is intended or a reasonable person would infer that it is intended to influence the official’s performance

  • Failure to file a gift disclosure statement

  • Public employee discloses information which is considered a private document by existing law, and which the employee acquires in the course of official duties, or use the information for personal gain or for the benefit of someone else (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 15 §15201

EC 15 §15202

EC15 §15203

EC 15 §15204

EC 15§15205

EC 15§15210

In addition to any other powers the Civil Service Commission or other government agency may have to discipline, the appropriate agency 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 3 L.P.R.A§1822 (a-i)

EC 3 L.P.R.A§1823

EC 3 L.P.R.A§1824

EC 3 L.P.R.A§1827

Felony

Max. 1 year imprisonment; max. $2,000 fine; 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)

 

If there were aggravating circumstances: penalty increased to a max. 2 years imprisonment or

max. fine $3,000

If there were extenuating circumstances: penalty increased

Min. 9 months imprisonment or min. fine $1,000

 

 

  • 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 3 L.P.R.A. §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 3 L.P.R.A. §928c)

U.S. Virgin Islands

  • Embezzlement or falsification of public accounts

  • Neglecting to pay over public monies

CC 14 V.I.C.§1662

CC 14 V.I.C.§1663

 

Max. imprisonment 10 years; max. fine $10,000; disqualified from holding office

 

  • Giving or offering to give a bribe to any judicial officer, juror, commissioner, referee, arbitrator, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision (Offering or giving bribes to judicial officer)

CC 14 V.I.C.§401

Max. imprisonment 10 years; max. fine $2,000

 

  • Judicial or other public officer or employee, asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act (Acceptance of bribe by public officers or employees)

  • Judicial officer, juror, commissioner, referee, arbitrator or person authorized by law to hear or determine any question or controversy, asks, receives, or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, will be influenced (Acceptance of bribe by judicial officer)

CC  14 V.I.C. §403

CC 14 V.I.C. §402

Max. imprisonment  5 years;  max. fine $1,000

 

  • Obtaining of property from another person, with his consent, induced by a wrongful use of force or fear, or under color of official right (Extortion)

  • With intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply any threat (Blackmail)

CC 14 V.I.C §701

CC 14 V.I.C §704

Max. imprisonment 5 years

 

  • Public officer authorized by law to make or give any certificate or writing, makes and delivers as true a certificate or writing containing statements which he knows to be false (False certificates by public officers)

CC 14 V.I.C.§1664

Max. imprisonment 2 years; max. fine $500

 

  • Public employee or official discloses in any manner not authorized by law any information coming to him in the course of his employment which concerns or relates to the trade secrets of any person, firm, partnership, corporation, or association (Disclosure of confidential trade secrets)

CC 14 V.I.C.§1665

Max. imprisonment 1 year; max. fine $1,000;Removed from office

 

  • Public officer, under the pretense or color of any process or other legal authority,  arrests any person or detains him against his will; seizes or levies upon any property; dispossesses any one of any lands or property; or does any other act, whereby another person is injured in his person, property or rights without a regular process or other lawful authority (Official oppression)

CC 14 V.I.C.§703

Max. imprisonment 1 year; max. fine $200

 

 

 

 

 

 

 

 

 

 

 

 

 

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