The Offering Gift to Public Servant crime in the state of Texas gives police the right to arrest you if they believe you offered a benefit or gift to a public servant knowing the public servant can’t legally accept it.
OFFERING GIFT TO PUBLIC SERVANT ATTORNEY FAQs
Offering Gift to Public Servant is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery and Corrupt Influence.”
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Learn more detailed information about the Offering Gift to Public Servant offense below.
The current Texas law defines the offense of Offering Gift to Public Servant in Penal Code Section §36.09 as follows:
(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.
Public servant is not specifically defined in this statute, nor is there a definition that applies to the entire chapter. However, there is a definition found in Penal Code 1.07 that 1.07(a) states applies throughout the Penal Code.
You can be charged with Offering Gift to Public Servant if the state’s attorneys believe that each of the elements of 36.09(a) as described in the section above have been met. Importantly, the state’s attorneys have to believe that you knew the gift or benefit was prohibited under the law.
A conviction for Offering Gift to Public Servant is punished as a Class A misdemeanor, with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors