The Experience And Integrity
Needed To Defend Your Case

Situations when a gift is considered a bribe

Some people give tokens of appreciation after you complete a task successfully. However, there are limits to this because an innocent gift might be considered a bribe under New York penal law. The law states that individuals are guilty of offering bribes in the third degree when they offer, agree to or consult to an act of bribery.

What is the legal definition of a bribe?

A bribe is the receiving, giving, offering or soliciting of cash or any other valuable item for the intention of manipulating the actions of someone who is in a position of power. The bribe can be anything of value like favors, property, various products and services. It is a matter of criminal law in the justice system, and so someone accused of bribery may want an attorney to represent them in a court of law.

The act of bribery is in the same league with corruption. Both the person who gives the bribe and the person who receives it might receive punishment. Certain elements bust be proven for a prosecutor to assert that bribery exists in a scenario. Without these aspects, then it will just be considered a gift or a token of appreciation.

Elements of bribery

Before a gift becomes a bribe, the giver must receive tangible results from the person who provides it. In addition, there must be proof that it was given with the intent to influence or change someone’s mind. Furthermore, the person who receives it must be a person who is in a position of power, such as a government official; this person’s power may influence the outcome of an election or a case. In addition, whatever is given should be valuable.

Any U.S. resident has the right to give and receive a gift. However, if it constitutes a bribe, then it is an act of criminal law. If you face any bribery charges, you should contact a professional attorney to guide you. Your attorney may defend you in court and provide valuable information on how to handle the case.