ARTICLE 1 ABUSE OF GOVERNMENTAL OFFICE

16-10-5. Influencing of officer or employee of state or political subdivision by another officer or employee.

Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.

Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.

(Ga. L. 1878-79, p. 175, § 1; Code 1882, § 4470a; Penal Code 1895, § 269; Penal Code 1910, § 272; Code 1933, § 26-4103; Code 1933, § 26-2305, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2010, p. 1173, § 25/SB 17.)

Cross references.

- Lobbying, T. 21, C. 5, A. 4 and T. 28, C. 7.

Editor's notes.

- Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"

Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.

JUDICIAL DECISIONS

Defective indictment.

- Indictment alleging attempt to influence official who was not elected on date involved is fatally defective. Roberts v. State, 131 Ga. App. 316, 205 S.E.2d 494 (1974).

Evidence insufficient for conviction.

- Evidence that a corrections officer threatened an inmate that if the inmate did not give the officer $2,000, the officer would have the inmate charged with marijuana possession was insufficient for a jury to find that the officer attempted to improperly influence official action by another officer in violation of O.C.G.A. § 16-10-5, but was sufficient to support the officer's conviction of violation of an oath by a public officer in violation of O.C.G.A. § 16-10-1. Beard v. State, 300 Ga. App. 146, 684 S.E.2d 306 (2009).

Cited in Koehler v. Massell, 229 Ga. 359, 191 S.E.2d 830 (1972); Quillan v. State, 160 Ga. App. 167, 286 S.E.2d 503 (1981).

RESEARCH REFERENCES

ALR.

- Agreement to use one's influence to have punishment for crime mitigated as contrary to public policy, 24 A.L.R. 1453.

Furnishing public official with meals, lodging, or travel, or receipt of such benefits, as bribery, 67 A.L.R.3d 1231.

Who is a public official within meaning of federal statute punishing bribery of a public official (18 USCA § 201), 161 A.L.R. Fed. 491.

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TITLE 16 CRIMES AND OFFENSES

Section 10. Offenses Against Public Administration, 16-10-1 through 16-10-98.