Commercial Bribe Receiving In The First Degree: NY Penal Law § 180.08

by ECL Writer
Commercial Bribing In The Second Degree

Bribery constitutes the act of offering or receiving money or any valuable item with the intent to exert influence over a particular course of action. While bribery is frequently linked to public officials, it can also manifest within the realm of private enterprise. The New York criminal code encompasses a range of bribery offenses, spanning from minor infractions to grave felonies. Some offenses pertain to the act of offering a bribe, while others concern the act of accepting one. The specific charge one might face when suspected of committing a bribery offense hinges on several factors, including one’s status as a public official, the monetary value involved, and the intended impact of the bribery. According to New York Penal Law § 180.08, an individual can be charged with first-degree commercial bribe receiving if they engage in the following actions without obtaining their employer’s consent:

  • Soliciting, receiving, or agreeing to receive something valuable from another individual.
  • Providing some form of advantage to that individual in relation to their employer’s affairs.

In addition,

  • The value of the thing you solicited, accepted, or agreed accept is more than $1000, and
  • The value of the detriment to your employer’s business is more than $250.

Commercial Bribe Receiving In The First Degree Sentence

First-degree commercial bribery receipt is a class E felony. You face a maximum 4-year prison sentence if found guilty of this crime. Additional penalties include a fine and a probationary term of up to 5 years.

Defenses

In order to accept a commercial bribe, you must accept something of value, and in exchange, you must persuade the employee to act in a way that benefits the person who provided you the valuable item. You wouldn’t be guilty of receiving a commercial bribe if you received the valuable item for a motive other than to persuade your employer.

Additionally, the prosecution must be able to demonstrate that the harm to your company was greater than $250 and the gain you allegedly obtained was worth more than $1,000 in order to effectively charge you. Otherwise, you wouldn’t be charged with receiving a bribe for business purposes.

New York Penal Law § 180.08: Commercial Bribe Receiving In The First Degree

When an employee, agent, or fiduciary solicits, accepts, or agrees to accept any benefit from another person without the consent of his employer or principal with the understanding that the benefit will influence his conduct with regard to the affairs of his employer or principal, and when the value of the benefit so requested, accepted, or agreed to be accepted exceeds $1,000 and results in egregious harm to the employer or principal, the employee, agent, or fiduciary is guilty of commercial bribe receiving in the first degree.

Related Offenses

Hiring A New York Lawyer For Commercial Bribe Receiving In The First Degree Case

When facing a case of Commercial Bribe Receiving in the First Degree in New York, it’s imperative to secure a skilled and experienced lawyer. This charge carries significant consequences, including severe penalties and reputational damage. A competent New York lawyer specializing in criminal defense can provide invaluable guidance and advocacy.

Your chosen attorney will assess the specifics of your case, considering factors like your involvement, the amount of money or value exchanged, and the intent behind the alleged bribery. They will craft a robust defense strategy, ensuring your rights are protected throughout the legal process.

With a seasoned New York lawyer by your side, you stand a better chance of mitigating the potential consequences and achieving the best possible outcome for your Commercial Bribe Receiving case.

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