Bribe Receiving is a crime under New York State law that involves a public servant accepting or agreeing to accept something of consideration, in exchange for influencing their vote, opinion, judgement or action. Under New York Law, there are three different Bribe Receiving charges. All New York Bribery Charges are felonies and can result in substantial jail time. Specifically, the three New York Bribe Receiving charges are (from most serious to least serious are):

  • Bribe Receiving in the First Degree (New York Penal Law 200.12),
  • Bribe Receiving in the Second Degree (New York Penal Law 200.11), AND
  • Bribe Receiving in the Third Degree(New York Penal Law 200.10).

The difference in these charges is explained in detail below.

New York Bribe Receiving in the Third Degree

New York Bribe Receiving in the Third Degree is codified in New York Penal Law Section 200.10. Under NY Penal Law Section 200.10, a public servant is guilty of Bribe Receiving in the Third Degree when s/he:

  1. Solicits, accepts or agrees to accept
  2. Any benefit from another person
  3. Upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

Sentencing and Penalties for New York Bribe Receiving in the Third Degree 

Under New York law, Bribe Receiving in the Third Degree is a Class “D” Non-violent Felony. As such, this charge is punishable by up to 2 1/3 to 7 years in prison. In the event there are mitigating circumstances, the Court can impose a sentence of conditional discharge or probation.

Bribe Receiving in the Second Degree

New York Bribe Receiving in the Second Degree is codified in New York Penal Law Section 200.11.  Under NY Penal Law Section 200.11, a public servant is guilty of Bribe Receiving in the Second Degree when s/he:

  1. Solicits, accepts or agrees to accept
  2. Any benefit valued in excess of $10,000 from another person
  3. upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

Sentencing and Penalties for Bribe Receiving in the Second Degree 

Under New York law, Bribe Receiving in the Second Degree is a Class “C” Non-violent felony. As such, this charge is punishable by up to 5 to 15 years in jail. In the event there are mitigating circumstances, this charge can be punishable by probation or a conditional discharge.

Bribe Receiving in the First Degree

New York Bribe Receiving in the First Degree is codified in New York Penal Law Section 200.12. Under NY Penal Law Section 200.12, a public servant is guilty of Bribe Receiving in the First Degree when s/he:

  1. Solicits, accepts or agrees to accept
  2. 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
  3. 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.

Sentencing and Penalties for Bribe Receiving in the First Degree

Under New York law, Bribe Receiving in the First Degree is a Class “B” Non-violent felony. As such, this charge is punishable by a minimum of 1 to 3 years and a maximum of 8 1/3 to 25 years.

Commission of Other Crimes and No Power or Authority to Perform the Bribed Act Are Not Defenses

Interestingly, New York Penal Law Section 200.15 specifically explains that:

  1. Commission of other crimes such as larceny by means of extortion or an attempt to commit the same is not a defense to prosecution for bribe receiving, AND
  2. The public servant’s lack of power or or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given is not a defense.

Specifically, New York Penal Law Section 200.15 states:

1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes.

2. It is no defense to a prosecution pursuant to the provisions of this article that the public servant did not have power or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given.

Contact Us Today Regarding Your Bribe Receiving Case

If you or your loved one have been charged with bribe receiving, or believe you are under investigation, you need top-rated, experienced counsel by your side. Please contact us today to schedule your free initial consultation.