New York Penal Law § 180.05: Commercial bribe receiving 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 business sector. There are several bribery offenses in the New York criminal code ranging from misdemeanors to class B felonies. Some offenses are related to offering a bribe and others are related to accepting a bribe. 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 § 180.05, you could be charged with commercial bribe receiving in the second degree if without your employer's consent you solicit, accept, or agree to accept something of value from another person and in exchange you confer some sort of benefit to that person in relation to your employer's affairs. This charge requires that the value of the benefit conferred be $1000 or less and that the value of the detriment to the employer's business be $250 or less.

Example

Nancy is a parts buyer for an auto repair shop. John sells remanufactured starters and alternators. John tried to get Nancy to buy from him. Nancy declined as she was happy with their current supplier of starters and alternators. John persisted. Nancy told John that if he would buy her tickets to a Broadway show, she would give him some business. John bought Nancy the tickets and Nancy issued John a small purchase order. Nancy could be charged with commercial bribe receiving in violation of New York Penal Law § 180.05.

Related Offenses
  1. Commercial bribing in the second degree: New York Penal Law § 180.00
  2. Bribe receiving by a labor official: New York Penal Law § 180.25
  3. Sports bribe receiving: New York Penal Law § 180.45
Defenses

Commercial bribe receiving requires that you accept something of value and in return you influence the employee's actions to benefit the person who gave you the thing of value. If you accepted the thing of value for a reason other than to influence your employer, then you would not be guilty of commercial bribe receiving.

Sentence

Commercial bribe receiving 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 § 180.05: Commercial bribe receiving in the second degree

An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.

Contact the Law Offices of Stephen Bilkis & Associates

Even though commercial bribe receiving 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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