The Commercial Bribery offense in Texas makes it a crime to offer to or accept a benefit as a fiduciary if that benefit will influence the beneficiary’s conduct with respect to the fidcuciary. Learn more detailed information about the Commercial Bribery offense below.
COMMERCIAL BRIBERY ATTORNEY FAQs
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Commercial Bribery is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”
The offense is described in Section 32.43 of the Texas Penal Code. There are two categories under which the offense might be charged. The first category is a subsection (b) charge:
(b) A person who is a fiduciary commits an offense if, without the consent of his beneficiary, he intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary.
The second category is an offense under subsection (c):
(c) A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (b).
You can be charged with Commercial Bribery if the state’s attorneys believe that each of the elements of 32.43(b) or (c), as described in the section above, have been met.
A conviction for Commercial Bribery is punished as a State Jail Felony,1 with a maximum possible fine under Texas state law of up to $10,000 and state prison time of up to two years. Learn about the differences between grades of felonies and misdemeanors
There is a special provision related to fines for Commercial Bribery convictions, however. Texas Penal Code Section 32.43(e) allows for the possibility of a much higher fine:
(e) In lieu of a fine that is authorized by Subsection (d), and in addition to the imprisonment that is authorized by that subsection, if the court finds that an individual who is a fiduciary gained a benefit through the commission of an offense under Subsection (b), the court may sentence the individual to pay a fine in an amount fixed by the court, not to exceed double the value of the benefit gained. This subsection does not affect the application of Section 12.51(c) to an offense under this section committed by a corporation or association.
1Texas Penal Code Section 32.43(d)