(a) A person is guilty of bribery if he promises, offers, confers or agrees to confer upon a public servant or a person selected to be a public servant, any benefit as consideration for the recipient's decision, opinion, recommendation or vote as a public servant or a person selected to be a public servant.
(b) Bribery is a class C felony.
(1969, P.A. 828, S. 149; P.A. 80-479, S. 2; P.A. 03-259, S. 46.)
History: P.A. 80-479 included bribery of persons selected to be public servants in provisions and bribery consisting of promises of benefits for recipient's decision, opinion, recommendation of vote, deleting reference to “other exercise of discretion”; P.A. 03-259 amended Subsec. (b) to change bribery from a class D felony to a class C felony.
Offense of offering gratuity requires element of proof, specific intent, which is not needed to prove greater offense of bribery; it is no defense for crime of bribery that police officer had no authority to take action desired by bribe given; covers crime of bribery in broad terms and is not limited to administration of justice and attempts to influence legislation. 172 C. 458. Sec. 29-9 is not lesser included offense to this charge, and acceptance of guilty plea to said section was nullity. Id., 608.
Cited. 1 CA 524; 5 CA 125; 9 CA 15; 14 CA 322; 21 CA 386. The term “offer” is undefined, but section language is similar to federal bribery statute, 18 USC 201(b), and, under federal law, a bribery conviction must be based on more than evidence of mere preparation, but must progress to the point that defendant made an offer that consisted of an expression of a desire and an ability to pay the public official for performing a proscribed act. 156 CA 650.
Notes of Decisions
Cited in
12
cases, 1974–2010 · leading case:
State v. Carr, 374 A.2d 1107 (Conn. 1977).
State v. Carr, 374 A.2d 1107 (Conn. 1977).
· cites it 28× “The state charged that the defendant did offer, confer and agree to confer benefits upon a public servant, in the form of the payment of sums of money, as consideration for a police officer's exercise of discretion as a public servant, in violation of § 53a-147 of the General…”
State v. Carr, 376 A.2d 74 (Conn. 1977).
· cites it 6× “The state charged that the defendant committed the crime of bribery in violation of General Statutes § 53a-147. A motion to dismiss filed by the defendant was denied.”
State v. Rodriguez-Roman, 3 A.3d 783 (Conn. 2010).
· cites it 2× “tion, rendered after a jury trial, of two counts of racketeering, each involving seven incidents in which she allegedly procured driver’s licenses for illegal immigrants, in violation of the Corrupt Organizations and Racketeering Activity Act (CORA), General Statutes §§ 53-394…”
United States v. Triumph Capital Grp., Inc., 260 F. Supp. 2d 444 (D. Conn. 2002).
· cites it 4× “Sufficiency of the Predicate Acts of Bribery The defendants also claim that the indictment is deficient because the state law bribery crimes that are charged as predicate racketeering activity, Conn. Gen.Stat. §§ 53a-147 & 53a-148, 2 are not proper *456 RICO predicate acts.”
State v. Servello, 835 A.2d 102 (Conn. App. Ct. 2003).
· cites it 2× “See General Statutes §§ 53a-139, 53a-155. See, e.”
Canada v. Gonzales, 448 F.3d 560 (2d Cir. 2006).
· cites it 3× “In Connecticut, bribery of a police officer is prohibited under CGS §§ 53a-147 to 148. The elements of bribery as stated in CGS § 53a-147 are: (1) offering, conferring, or agreeing to confer a benefit (2) upon a public servant (3) as consideration for the recipient's decision,…”
State v. Cooper, 514 A.2d 758 (Conn. App. Ct. 1986).
· cites it 2× “to 1981) § 53a-182, possession of a controlled substance in violation of General Statutes § 19-481 (c), and four counts of bribery in violation of General Statutes § 53a-147. The defendant claims that the trial court erred by denying his motion to suppress evidence obtained…”
State v. Rado, 541 A.2d 124 (Conn. App. Ct. 1988).
“50 1985) § 53a-147, in stating that “the statute [should] be construed broadly in order to .”
State of Conn. v. Marra, 528 F. Supp. 381 (D. Conn. 1981).
“§ 53a-147(a), was removed from State Superior Court to this Court pursuant to 28 U.”
State v. Hodge, 497 A.2d 79 (Conn. App. Ct. 1985).
· cites it 4× “Our determination is in accord with an earlier decision of the Connecticut Supreme Court which held that General Statutes § 29-9 is not a lesser included offense *129 of bribery under General Statutes § 53a-147. 4 State v. Carr, supra, 467 .”
State v. Failla, 473 A.2d 1233 (Conn. App. Ct. 1984).
· cites it 2× “The defendant was convicted on one count of conspiracy in violation of General Statutes § 53a-48 and two counts of bribery in violation of General Statutes § 53a-147. The three charges were closely *525 related, as follows.”
Szarwak v. Warden of Connecticut Corr. Inst., 320 A.2d 12 (Conn. Super. Ct. 1974).
“assault in the second degree, which covers, inter alia, assaults with a dangerous weapon; § 53a-60; burglary in the third degree, which covers breaking and entering a building with criminal intent; § 53a-103; larceny in the second degree, which includes theft of a motor vehicle;…”
— Conn. Gen. Stat. § 53a-147(a) — 1 case
State of Conn. v. Marra, 528 F. Supp. 381 (D. Conn. 1981).
“§ 53a-147(a), was removed from State Superior Court to this Court pursuant to 28 U.”
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