Tennessee Code Annotated

Title 39: Criminal Offenses

Chapter 16: Offenses Against Administration of Government

Part 1: Bribery

TCA 39-16-102: Bribery of public servant.

(a)  A person commits an offense who:

     (1)  Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity; or

     (2)  While a public servant, solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be influenced.

(b)  It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because the person had not yet assumed office, lacked jurisdiction, or for any other reason.

(c)  (1)  Bribery of a public servant under subdivision (a)(1) is a Class B felony.

     (2)  A public servant accepting or agreeing to accept a bribe under subdivision (a)(2) is a Class B felony.

History: [Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 2, § 1.]