NY Penal Law § 496.04: Corrupting the Government in the Second Degree

New York Penal Law § 496.04 defines the crime of corrupting the government in the second degree, which is a more serious offense than corrupting the government in the fourth degree. This offense involves corrupting a public servant or an officer or employee of a government agency in order to obtain some form of benefit.

Under this law, a person is guilty of corrupting the government in the second degree when they commit one of the following acts with intent to commit a crime or to aid or conceal the commission of a crime:

• Bribe a public servant, officer or employee of a government agency;
• Tamper with a witness or juror in an official proceeding;
• Use or threaten to use force, violence or economic harm against a public servant, officer or employee of a government agency;
• Provide false information to a public servant, officer or employee of a government agency with intent to influence their actions;
• Solicit, accept, or agree to accept any benefit from another person upon an agreement or understanding that the public servant, officer or employee of a government agency will violate their official duty.

If you are facing a charge of corrupting the governing in the second degree, contact an experienced New York criminal lawyer right away.

People v. Smith, 159 A.D.3d 1197 (3d Dept. 2018). In this case, the defendant, a former New York State Assembly Speaker, was charged with various crimes, including corrupting the government in the second degree, for his involvement in a scheme to use his political influence to benefit himself and others. According to the indictment, the defendant had used his position as Speaker to take official actions that would benefit certain companies and individuals in exchange for bribes and kickbacks. The defendant had allegedly directed state funding to a real estate project in which he had a personal interest, and had also arranged for payments to be made to a law firm that employed his son.

At trial, the prosecution presented evidence of the defendant's involvement in the scheme, including testimony from witnesses who had knowledge of the defendant's actions and recordings of phone conversations between the defendant and his co-conspirators discussing the bribes and kickbacks. The defendant argued that he had not engaged in any illegal conduct and that his actions were simply a matter of political horse-trading. 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 § 496.04. The court ultimately convicted the defendant of corrupting the government in the second degree, a Class C felony under New York law.

1. Corrupting the government in the fourth degree. Section 496.02
2. Corrupting the government in the third degree. Section 496.03
3. Corrupting the government in the first degree. Section 496.05

Corrupting the government in the second degree is a Class C felony in New York State. A conviction for this offense can result in a prison sentence of up to 15 years and a fine of up to $5,000 or double the defendant's gain from the offense. Additionally, a person convicted of corrupting the government in the second degree may be subject to forfeiture of any property obtained through the commission of the offense.

A person is guilty of corrupting the government in the second 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 twenty thousand dollars. Corrupting the government in the second degree is a class C felony.

A charge of corrupting the government in the second degree is serious. If you are convicted, you may be sentenced to a lengthy prison sentence as well as face fines. It is critical to have an experienced criminal attorney serving New York on your team who will investigate the case thoroughly, challenge the prosecution's evidence, and fight for your rights from the beginning of the case until it’s resolved. 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.