Bribery in Virginia occurs when the bribe-giver intends to influence the bribe-taker\u2019s conduct by giving, offering, or promising a thing of value to the bribe-taker, who accepts or solicits the thing of value with the agreement or understanding that he or she will act in a particular way because of it.\u00a0 Virginia has multiple statutes that address bribery involving different bribe-givers and bribe-takers.\u00a0 Most often, both bribe-givers and bribe-takers can be punished.\u00a0 <\/p>\n\n\n\n
Virginia criminalizes Bribery of Officers and Candidates for Office:<\/strong><\/p>\n\n\n\n Va. Code \u00a7<\/strong><\/strong> 18.2-438<\/strong> <\/p>\n\n\n\n Section 18.2-438<\/a> focuses on bribe-givers, making it a Class 4 felony for any person to offer or promise any gift or gratuity to a government officer or candidate for office, or a sheriff or police officer or candidate for such office, in order to influence the officer or candidate\u2019s act in an official capacity regarding any, vote, decision, opinion or judgment on any matter.\u00a0 <\/p>\n\n\n\n Va. Code \u00a7<\/strong><\/strong> 18.2-439 <\/strong><\/p>\n\n\n\n Section 18.2-439<\/a> addresses bribe-takers, making it a Class 4 felony for a government officer or candidate for office, or a sheriff or police officer or candidate for such office, to accept any gift, gratuity, or promise of a gift, gratuity or beneficial act with the understanding or agreement that the officer, in an official capacity, will give a particular vote, opinion, or judgment, nomination, appointment, or take or fail to take any particular action or perform any duty required by law.\u00a0 A person convicted under this section will also be prohibited from holding public office in the future. <\/p>\n\n\n\n Bribery of Public Servants and Party Officials, Va. Code, Art. 3, \u00a7 18.2-447<\/strong><\/p>\n\n\n\n Public servants in this context include any officer or employee of the\nCommonwealth or any of its political subdivisions\u2014including judges and jurors\u2014who\nare performing any governmental function.<\/p>\n\n\n\n Section 18.2-447 <\/a>of Art. 3 makes it a crime for any person to offer, confer, or agree to confer upon another (a) anything that has economic gain as its primary significance (e.g., money, property) in order to influence the recipient\u2019s opinion, decision, or vote, or other exercise of discretion as a public servant or party official; or, (b) any benefit<\/em> in order to influence the recipient\u2019s opinion, decision, or vote, etc. in a judicial or administrative proceeding or the recipient’s violation of a known legal duty as a public servant or party official<\/em>.\u00a0 <\/p>\n\n\n\n This same section also punishes bribe-takers who accept, agree to\naccept, or solicit<\/em>, a bribe in each\nof the above scenarios. Both\nbribe-takers and bribe-givers convicted under this statute are guilty of a\nClass 4 felony. Any public servant who\nis convicted until 18.2-447 may not subsequently hold any public office in the\nCommonwealth.<\/p>\n\n\n\n Notably, it is not a defense under this section for a bribe-giver to\nshow that in the end the bribe-taker was not qualified to perform the act the\nbribe-giver sought in return for the bribe. \nVa. Code. \u00a7 18.2-448. <\/p>\n\n\n\n Virginia Code \u00a7 18.2-445<\/a> in Article 2, and Virginia Code \u00a7 18.2-450 in Article 3 provide that when a witness is forced to testify for the prosecution in a bribery trial, that witness has immunity from prosecution for any alleged bribery by the witness at the time and place indicated in the prosecution.\u00a0 A witness who has such immunity and refuses to testify may be punished for contempt.\u00a0 <\/p>\n\n\n\n The following statutes prohibit bribes involving persons who hold certain\npositions and are trusted to perform certain duties. The list below is not\nintended to be exhaustive of all Virginia statutes that concern bribery.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-440<\/a> makes it a Class 2 misdemeanor to bribe authorized officers to prevent or delay service of process, or any official duty.\u00a0 There is no similar statute that punishes the bribe giver in this case.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-441<\/a> makes it a Class 4 felony for: (1) a person to bribe any commissioner appointed by a court, auditor, arbitrator, umpire or juror, and (2) for any of those people to take a bribe.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-441.1 makes\nit a Class 6 felony to bribe a witness so that he or she will not testify or\ntestify falsely in any civil or criminal proceeding. There is no similar statute that punishes the\nbribe-taker in this case.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-442<\/a> makes it a Class 5 felony to bribe any professional or amateur participant or prospective participant in any sport or contest.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-443<\/a> makes it a Class 5 felony for any professional or amateur participant or prospective participant in any sport, or any manager, coach or trainer to accept or solicit a bribe.\u00a0 Interestingly, referees, umpires, and other game officials are not named in this statute.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-444<\/a> criminalizes commercial bribery\u2014both bribe-makers and bribe-takers.\u00a0 This section prohibits bribing an employee or agent, without the knowledge of the employer or principal, to act in a way prejudicial to the business.\u00a0 It also prohibits agents from taking or soliciting a bribe with the understanding that the agent will act in a particular way relative to the business, without the knowledge of the principal.\u00a0 Note that in this latter case, the act by the bribe-take need not be prejudicial to the business.<\/p>\n\n\n\n This section also punishes bribes\nin the form of commissions, discounts and bonuses.<\/p>\n\n\n\n Any violation of this section is\na Class 3 misdemeanor.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-444.2<\/a> makes it a Class 6 felony for anyone to give, or for someone associated with a financial institution to accept, a bribe for with the intention of influencing a decision of the financial institution.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-445<\/a> makes it a Class 6 felony for anyone to give, or for someone associated with a financial institution to accept, a bribe for with the intention of influencing a decision of the financial institution.<\/p>\n\n\n\n Va. Code Ann. \u00a7 18.2-166<\/a> makes it a Class 3 misdemeanor for a telephone company employee\u2014or employee of a company that handles phone lists\u2014to disclose, without the consent of the company, the names, addresses, or telephone numbers of any two or more customers.\u00a0 Notice the employee in this case need not be bribed to disclose in order to be guilty.\u00a0 But any person who bribes an employee to get such information is also guilty.\u00a0 This statute also explicitly applies to anyone who attempts, or aids or conspires with another to commit such an act.<\/p>\n\n\n\n Among many Virginia statutes concerning\nvoting, several specifically address bribery in voting: \u00a7 24.2-1000, \u00a7\n24.2-1005, and \u00a7 24.2-1007. <\/p>\n\n\n\n Under these statutes, any person who,\nthrough bribery (or by threats or other means in violation of election laws):\n(1) willfully hinders or attempts to hinder election officers from holding an\nelection is guilty of a Class 5 felony; or (2) attempts to influence another\u2019s\nvote or ballot is guilty of a Class 1 misdemeanor. Further, any person who solicits or accepts a\nbribe to influence his or another\u2019s vote is also guilty of a Class 1\nmisdemeanor<\/p>\n\n\n\n A Virginia bribery conviction requires proof of several difference elements, including, the required mental state and a benefit or thing of value offered or given.\u00a0 An attorney can help assess the evidence against you.\u00a0 Also, an attorney can evaluate whether you might be able to request immunity if your testimony may help the prosecution in a trial against someone else involved in the bribe.<\/p>\n\n\n\n Contact<\/a> the office today for a consultation with an experienced Virginia criminal defense attorney<\/a>. <\/p>\n","protected":false},"excerpt":{"rendered":" Bribery in Virginia occurs when the bribe-giver intends to influence the bribe-taker\u2019s conduct by giving, offering, or promising a thing of value to the bribe-taker, who accepts or solicits the thing of value with the agreement or understanding that he or she will act in a particular way because of it.\u00a0 Virginia has multiple statutes […]<\/p>\n","protected":false},"author":15,"featured_media":71669,"template":"","categories":[29],"yoast_head":"\nWitness Immunity<\/h2>\n\n\n\n
Other\nBribery Statutes<\/h2>\n\n\n\n
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Consult with a Criminal Defense Bribery Attorney<\/h2>\n\n\n\n