TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 13

BRIBERY AND CORRUPTION

18-1353.  Threats and other improper influence in official and political matters. (1) Offenses defined. A person commits an offense if he:

(a)  threatens unlawful harm to any person with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(b)  threatens harm to any public servant with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or

(c)  threatens harm to any public servant or party official with purpose to influence him to violate his known legal duty; or

(d)  privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(2)  Grading. An offense under this section is a misdemeanor unless the actor threatened to commit a crime or made a threat with purpose to influence a judicial or administrative proceeding, in which cases the offense is a felony.

History:

[18-1353, added 1972, ch. 381, sec. 20, p. 1102.]