Offering Gift to Public Servant graphic with Texas flag

Offering Gift to Public Servant

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. Learn more detailed information about the Offering Gift to Public Servant offense below.

Have you been charged with Offering Gift to Public Servant? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

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.”

What is the current Texas law about Offering Gift to Public Servant?

The current Texas law is as follows:1

(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.

How can I be charged with Offering Gift to Public Servant?

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.

What is the punishment for Offering Gift to Public Servant?

A conviction for Offering Gift to Public Servant is punished as a Class A misdemeanor,2 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

Legal References:

1 Texas Penal Code §36.09

2 Texas Penal Code §36.09(b)

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