Bribery of public officer or public employee consists of any person giving or offering to give, directly or indirectly, anything of value to any public officer or public employee, with intent to induce or influence such public officer or public employee to:

A. give or render any official opinion, judgment or decree;

B. be more favorable to one party than to the other in any cause, action, suit, election, appointment, matter or thing pending or to be brought before such person;

C. procure him to vote or withhold his vote on any question, matter or proceeding which is then or may thereafter be pending, and which may by law come or be brought before him in his public capacity;

D. execute any of the powers in him vested; or

E. perform any public duty otherwise than as required by law, or to delay in or omit to perform any public duty required of him by law.

Whoever commits bribery of public officer or public employee is guilty of a third degree felony.

History: 1953 Comp., § 40A-24-1, enacted by Laws 1963, ch. 303, § 24-1.

Cross references. — For bribery of public treasurers or employees, see 6-10-53 NMSA 1978.

For bribery of contest participants, see 30-19-13 NMSA 1978.

Applicability to public employees. — This section includes bribery of public employees as well as public officers. State v. Glen Slaughter & Assocs., 1994-NMCA-169, 119 N.M. 219, 889 P.2d 254.

Bribery statute excludes operation of common law of bribery. State v. Quinn, 1930-NMSC-065, 35 N.M. 62, 290 P. 786; State v. Collins, 1922-NMSC-063, 28 N.M. 230, 210 P. 569 (decided under prior law).

Execution of powers vested. — The word "vested" in Subsection D does not mean "specifically granted by statute or regulation"; instead, "vested by law" should be read to mean "empowered by the sovereign authority of the government." State v. Glen Slaughter & Assocs., 1994-NMCA-169, 119 N.M. 219, 889 P.2d 254.

The improper acts alleged against the executive director of the New Mexico Public School Insurance Authority and the New Mexico Retiree Health Care Authority were ones that he could perform because of his employment by the sovereign authority of the state; if a public employee takes a bribe to execute powers possessed by virtue of holding public employment, Subsection D is violated. State v. Glen Slaughter & Assocs., 1994-NMCA-169, 119 N.M. 219, 889 P.2d 254.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Bribery §§ 1 to 17.

Charge of bribery or cognate offense predicated upon an unaccepted offer by or to an official, 52 A.L.R. 816.

Nonexistence of duty upon part of official to do, or refrain from doing, the act in respect of which it was sought to influence him, as defense to prosecution for bribery or acceptance of bribe, 158 A.L.R. 323.

Other bribery or acceptance of bribe, admissibility of evidence tending to show commission of, in prosecution for bribery or accepting bribes, 20 A.L.R.2d 1012.

Entrapment to commit bribery or offer to bribe, 69 A.L.R.2d 1397.

Validity of state statute prohibiting award of government contract to person or business entity previously convicted of bribery or attempting to bribe state public employee, 7 A.L.R.4th 1202.

11 C.J.S. Bribery § 3 et seq.