New York Penal Law § 180.00: Commercial bribing in the second degree

Bribery is the crime of giving or accepting money or something else of value in order to influence action. Bribery is often associated with public officials. However, it also occurs in the private sector. There are several bribery offenses in the New York criminal code ranging from misdemeanors to class B felonies. If you are suspected of committing a bribery offense, the specific charge that you will face depends on several factors including whether or not you are a public official, the amount of money involved, and the action that the bribery was seeking to influence. Under New York Penal Law § 180.00, you could be charged with commercial bribing in the second degree if you confer or offer to confer any benefit on an employee without the consent of the employee's employer in order to influence the employee's work-related conduct. This charge requires that the value of the benefit offered be $1000 or less and that the value of the detriment to the employee's employer be $250 or less.

Example

June is a buyer for a gift shop. Cindy is a crafter. Cindy has been desperately trying to get stores to sell her products but has not had much luck. June was hesitant to purchase Cindy's products. Cindy offered to give June $200 if she should make a purchase $500. Without checking with the gift shop's owner, June agreed. Cindy could be charged with commercial bribing in the second degree, while June could be charged with commercial bribe receiving in the second degree.

Related Offenses
  1. Commercial bribe receiving in the second degree: New York Penal Law § 180.05
  2. Bribing a labor official: New York Penal Law § 180.15
  3. Sports bribing: New York Penal Law § 180.40
Defenses

Commercial bribery is requires that you confer or offer to confer a benefit with the intent to influence the employee's actions. If you gave the employee a gift for an innocent reason, then you would have a valid defense to a charge of commercial bribing. In addition, you would not be guilty of commercial bribing in the second degree if you let your employer know that you were going to accept the offer.

Sentence

Commercial bribing in the second degree is a class A misdemeanor. If you are convicted of this offense you could be sent to jail for up to a year. You could also receive a probation sentence of up to 3 years and be required to pay a fine.

New York Penal Law § 180.00: Commercial bribing in the second degree

A person is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary 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.

Contact the Law Offices of Stephen Bilkis & Associates

Even though commercial bribing in the second degree is not a felony, you should take the charge seriously. If you are convicted part of your sentence could include up to a year in jail. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as bribery, assault, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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