(a)(1) In this section the following words have the meanings indicated.
(2) “Political subdivision” includes a:
(i) county;
(ii) municipal corporation;
(iii) bi-county or multicounty agency;
(iv) county board of education;
(v) public authority; or
(vi) special taxing district that is not a homeowners association.
(3)(i) “Public employee” means an officer or employee of:
1. the State; or
2. a political subdivision of the State.
(ii) “Public employee” includes:
1. an executive officer of the State;
2. a judge of the State;
3. a judicial officer of the State;
4. a member or officer of the General Assembly;
5. a member of the police force of Baltimore City or the Department of State Police; and
6. a member, officer, or executive officer of a political subdivision.
Prohibited--Bribing public employee
(b) 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.
Prohibited--Public employee demanding or receiving bribe
(c) 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.
Penalty
(d) A person who violates this section is guilty of the misdemeanor of bribery and on conviction:
(1) is subject to imprisonment for not less than 2 years and not exceeding 12 years or a fine not less than $5,000 and not exceeding $25,000 or both;
(2) may not vote; and
(3) may not hold an office of trust or profit in the State.
Statute of limitations and in banc review
(e) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Competency and immunity of witness in prosecution
(f)(1) A person who violates this section:
(i) is a competent witness; and
(ii) subject to paragraph (2) of this subsection, may be compelled to testify against any person who may have violated this section.
(2) A person compelled to testify for the State under paragraph (1) of this subsection is immune from prosecution for a crime about which the person was compelled to testify.
Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 430, § 1, eff. Oct. 1, 2006; Acts 2017, c. 31, § 1, eff. Oct. 1, 2017; Acts 2020, c. 164, § 1, eff. Oct. 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
