NY Penal Law § 496.03: Corrupting the Government in the Third Degree

A person can be charged with corrupting the government in the third degree if they intentionally offer or give any benefit to a public servant with the intent to influence their performance of an official duty. The benefit offered or given must be of a substantial nature and must not be authorized by law. For example, if a person offers a bribe to a police officer in exchange for not receiving a traffic citation, they may be charged with corrupting the government in the third degree.

Additionally, a person can be charged with corrupting the government in the third degree if they, as a public servant, accept any benefit with the intent to be influenced in the performance of their official duties. The benefit received must be of a substantial nature and must not be authorized by law. For example, if a public official accepts a bribe to award a government contract to a specific company, they may be charged with corrupting the government in the third degree.

People v. Soto, 138 A.D.3d 1248 (3d Dept. 2016). In this case, the defendant was charged with corrupting the government in the third degree for his involvement in a bribery scheme related to the award of contracts by a New York State agency. According to the indictment, the defendant had accepted bribes from a contractor in exchange for using his influence to secure the award of contracts for the contractor. The defendant allegedly submitted false and inflated bids on behalf of the contractor and used his position within the agency to ensure that the contractor was awarded the contracts.

At trial, the prosecution presented evidence of the defendant's involvement in the bribery scheme, including recorded conversations between the defendant and the contractor, as well as testimony from other witnesses who had knowledge of the scheme. The defendant argued that he had not intended to defraud the government or commit any illegal acts, and that he had simply been trying to help the contractor secure the contracts. However, the court rejected this argument, finding that the evidence presented by the prosecution was sufficient to support a finding of guilt under New York Penal Law § 496.03. The court ultimately convicted the defendant of corrupting the government in the third degree, a Class D felony under New York law.

This case highlights the serious nature of bribery schemes and the potential consequences for those who engage in such conduct. It also underscores the importance of seeking legal representation if you are facing charges under New York Penal Law § 496.03, as a skilled attorney can work to build a strong defense strategy and advocate on your behalf in court.

1. Corrupting the government in the fourth degree. Section 496.02
2. Corrupting the government in the second degree. Section 496.04
3. Corrupting the government in the first degree. Section 496.05

Corrupting the government in the third degree is a class D felony, which is punishable by a term of imprisonment of up to 7 years and a fine of up to $5,000 or double the amount of the bribe, whichever is greater.

A person is guilty of corrupting the government in the third degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or one or more political subdivisions of the state or one or more governmental instrumentalities within the state to obtain property, actual services or other resources, or obtain property, actual services or other resources from the state, or any political subdivision or governmental instrumentality of the state by false or fraudulent pretenses, representations or promises, and thereby wrongfully obtains such property, actual services or other resources with a value in excess of one thousand dollars. Corrupting the government in the third degree is a class D felony.

If you are facing a charge of corrupting the government in the third degree, contact the experienced criminal attorneys serving New York at Stephen Bilkis & Associates. With our decades of experience, we have the knowledge and resources to assess your case and mount a vigorous defense on your behalf. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.