Is Bribery a Federal or a State Crime?

The criminal offense of bribery is not always well understood, and there are many colloquial uses of the word that can further confuse actual criminal offenses involving bribery — under state and federal law — with other acts that may amount to other types of criminal offenses or may not be criminal offenses at all. According to Merriam-Webster dictionary, a bribe can be defined broadly as “something that serves to induce or influence,” or more narrowly as “money or favor given or promised in order to influence the judgment or conduct of a person in a position of trust.” Bribery, then, is defined as “the act or practice of giving or taking a bribe.”

Yet in terms of the specific crime of bribery — which can be an offense under federal or state law — there are even more precise elements of the offense. Our Florida bribery defense attorneys can explain in more detail.

Bribery as a State Offense Under Florida Law

A person can face charges for the criminal offense of bribery under Section 838.015 under the Florida Statutes.

According to the statute, bribery “means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.

The act of bribery under Florida law requires a public servant, as you can see from the above. It is a felony of the second degree.

Bribery as a Federal Offense

As a federal offense, 18 USC 201 allows for criminal charges of “bribery of public officials and witnesses.” There are two separate offenses that can be charged under the federal statute. The first is a more formal bribery charge involving the offering and acceptance of a bribe by a public official, while the second is more commonly known as “gratuities,” involving the offering to and acceptance of a gratuity by a public official.

The first true bribery charge can result in up to 15 years in prison, while the “gratuities” form of the charge can result in up to 2 years in prison upon conviction.

Contact a Tampa Criminal Defense Lawyer for Assistance Defending Against Bribery-Related Charges Under State or Federal Law

Whether you are facing bribery or related charges under state or federal law, it is crucial to have an experienced criminal defense lawyer on your side. Bribery charges under both state and federal law are extremely serious felony charges that will result in years in prison if you are convicted, as well as collateral consequences that will follow you given the felony record you will have. The best way to avoid a conviction is to seek advice from an experienced Tampa bribery defense attorney at the Law Offices of Daniel J. Fernandez, P.A. today. Contact our firm to discuss the details of the charges you are facing and to begin working on a defense strategy.

Sources: 

justice.gov/archives/jm/criminal-resource-manual-2041-bribery-public-officials

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0838/Sections/0838.015.html