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Gift to Public Servant by Person Subject to His Jurisdiction

The Gift to Public Servant by Person Subject to His Jurisdiction crime in the state of Texas makes it illegal for various public servants to accept bribes. Learn more detailed information about the Gift to Public Servant by Person Subject to His Jurisdiction offense below.

Have you been charged with Gift to Public Servant by Person Subject to His Jurisdiction? Call criminal lawyer Paul Saputo at (888) 239-9305.

Gift to Public Servant by Person Subject to His Jurisdiction is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery and Corrupt Influence.”

What is the law in Texas about Gift to Public Servant by Person Subject to His Jurisdiction?

The offense is described in Section 36.08 of the Texas Penal Code. There are seven different ways to violate this law, with each way described in a separate subsection:

(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.

(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.

(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.

(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.

(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal’s decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.

(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person.

(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant knows is interested in any matter before the public servant. The exception provided by Sec. 36.10(b) does not apply to a benefit under this subsection.

How can I be charged with Gift to Public Servant by Person Subject to His Jurisdiction?

You can be charged with Gift to Public Servant by Person Subject to His Jurisdiction if the state’s attorneys believe that each of the elements of 36.08 as described in the section above have been met.

What is the punishment for Gift to Public Servant by Person Subject to His Jurisdiction?

A conviction for Gift to Public Servant by Person Subject to His Jurisdictionis punished as a Class A misdemeanor,1 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.


Legal References:

1Texas Penal Code Section 36.08(h)

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