# Title 12.1 — Criminal Code

## Chapter 12.1-12 — Bribery - Unlawful Influence of Public Servants

### § 12.1-12-01. Bribery.

1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to
give to another, or solicits, accepts, or agrees to accept from another, a thing of value
as consideration for:
a. The recipient's official action as a public servant; or
b. The recipient's violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to
act in the desired way whether because he had not yet assumed office, or lacked
jurisdiction, or for any other reason.
3. A prima facie case is established under this section upon proof that the actor knew that
a thing of pecuniary value was offered, given, or agreed to be given by, or solicited,
accepted, or agreed to be accepted from, a person having an interest in an imminent
or pending: a. examination, investigation, arrest, or judicial or administrative
proceeding; or b. bid, contract, claim, or application, and that interest could be affected
by the recipient's performance or nonperformance of his official action or violation of
his known legal duty as a public servant.
### § 12.1-12-02. Illegal influence between legislators or between legislators and governor.

Any person who violates the provisions of section 9 of article IV or section 10 of article V of
the Constitution of North Dakota is guilty of a class C felony.
### § 12.1-12-03. Unlawful compensation for assistance in government matters.

1. A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees to
accept a thing of pecuniary value from nongovernmental sources:
a. As compensation for advice or other assistance in preparing or promoting a bill,
contract, claim, or other matter which is or is likely to be subject to his official
action;
b. As compensation for omitting or delaying official action; or
c. As a fee or compensation for services not rendered or to which he was not legally
entitled.
2. A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to
give a thing of pecuniary value to a public servant, receipt of which is prohibited by this
section.
### § 12.1-12-04. Trading in public office and political endorsement.

1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept,
or offers, gives, or agrees to give, a thing of pecuniary value as consideration for
approval or disapproval by a public servant or party official of a person for:
a. Appointment, employment, advancement, or retention as a public servant; or
b. Designation or nomination as a candidate for elective office.
2. In this section:
a. "Approval" includes recommendation, failure to disapprove, or any other
manifestation of favor or acquiescence.
b. "Disapproval" includes failure to approve or any other manifestation of disfavor or
nonacquiescence.
c. "Party official" means a person who holds a position or office in a political party,
whether by election, appointment, or otherwise.
3. Any appointment of a public servant made in violation of this section is void, but any
official action taken by the appointee prior to conviction under this section is valid.

### § 12.1-12-05. Trading in special influence.

A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give,
or solicits, accepts, or agrees to accept, a thing of pecuniary value for exerting, or procuring
another to exert, special influence upon a public servant with respect to his legal duty or official
action as a public servant. "Special influence" means power to influence through kinship or by
reason of position as a public servant or party official, as defined in section 12.1-12-04.
### § 12.1-12-06. Threatening public servants.

1. A person is guilty of a class C felony if that person threatens harm to a public servant
with intent to influence the public servant's official action as a public servant in a
pending or prospective judicial or administrative proceeding held before the public
servant, or with intent to influence the public servant to violate the public servant's duty
as a public servant.
2. A person is guilty of a class C felony if, with intent to influence another's official action
as a public servant, the person threatens:
a. To commit any crime or to do anything unlawful;
b. To accuse anyone of a crime; or
c. To expose a secret or publicize an asserted fact, whether true or false, tending to
subject any individual, living or deceased, to hatred, contempt, or ridicule, or to
impair another's credit or business repute.
3. a. A person is guilty of an offense if the person files any lien or encumbrance
against real or personal property of a public servant if that person knows or has
reason to know the lien or encumbrance is false or contains any materially false
or fraudulent statement or representation.
b. An offense under this subsection is a class A misdemeanor, unless the person
previously pled guilty or had been convicted under this subsection on two or more
occasions, in which event the offense is a class C felony.
4. It is not a defense to a prosecution under this section that an individual whom the actor
sought to influence was not qualified to act in the desired way whether because the
individual had not yet assumed office, or lacked jurisdiction, or for any other reason.
### § 12.1-12-07. Sports bribery.

1. A person is guilty of a class C felony if, with intent to prevent a publicly exhibited
sporting contest from being conducted in accordance with the rules and usages
purporting to govern it, he:
a. Confers, offers, or agrees to confer any benefit upon, or threatens any harm to, a
participant, official, or other person associated with the contest; or
b. Tampers with any person, animal, or thing.
2. A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to
accept any benefit, the giving of which is prohibited under subsection 1.
3. A "publicly exhibited sporting contest" is any contest in any sport, between individual
contestants or teams of contestants, the occurrence of which is publicly announced in
advance of the event.
4. The status of the contestant as amateur or professional is not material to the
commission of the offense described in this section.
### § 12.1-12-08. Commercial bribery.

1. A person is guilty of a class C felony if he:
a. Confers, agrees, or offers to confer any benefit upon an employee or agent
without the consent of the latter's employer or principal, with intent to influence
his conduct in relation to his employer's or principal's affairs; or
b. Confers, agrees, or offers to confer any benefit upon any fiduciary without the
consent of the beneficiary, with intent to influence the fiduciary to act or conduct
himself contrary to his fiduciary obligation.

2. A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to
accept any benefit, the giving of which is prohibited under subsection 1.
### § 12.1-12-09. Definitions for chapter.

In this chapter, "thing of value" and "thing of pecuniary value" do not include (1) salary, fees,
and other compensation paid by the government in consideration for which the official action or
legal duty is performed; or (2) concurrence in official action in the course of legitimate
compromise among public servants, except as provided in section 9 of article IV or section 10 of
article V of the Constitution of North Dakota.
