§73. Commercial bribery
A. Commercial bribery is the giving or offering to give, directly or indirectly, anything of apparent present or prospective value to any private agent, employee, or fiduciary, without the knowledge and consent of the principal or employer, with the intent to influence such agent's, employee's, or fiduciary's action in relation to the principal's or employer's affairs.
B. The agent's, employee's, or fiduciary's acceptance of or offer to accept, directly or indirectly, anything of apparent present or prospective value under such circumstances shall also constitute commercial bribery.
C. An offender under this Section who states the facts, under oath, to the district attorney charged with prosecution of the offense, and who gives evidence tending to convict any other offender under this article, may, in the discretion of the district attorney, be granted full immunity from prosecution for commercial bribery, in respect to the particular offense reported.
D. Whoever commits the crime of commercial bribery shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Amended by Acts 1968, No. 647, §1; Acts 2014, No. 791, §7, eff. August 1, 2014.
Notes of Decisions
Louisiana State Bar Ass'n v. Levy, 400 So. 2d 1355 (La. 1981).
· cites it 2× “R.S. 14:73 is not "bribery" within the meaning of the Travel Act, that the Louisiana commercial bribery act is unconstitutional, that the interstate nexus supplied by their use of interstate facilities was isolated, minimal, inconsequential and nonessential to the commercial…”
State v. Celestine, 671 So. 2d 896 (La. 1996).
“R.S. 14:73, prohibiting commercial bribery; La.”
Warner v. Clarke, 232 So. 2d 99 (La. Ct. App. 1970).
“"(b) Can the lands and the levee servitude shown on Exhibit A be posted in accordance with the provisions of Louisiana Revised Statutes 14:73? (sic) "(c) Considering the existence of said servitude, can said lands and the levee servitude itself be posted against all forms of…”
In re Thomas, 973 So. 2d 686 (La. 2008).
“R.S. 14:73. For his conviction, respondent proposed that he be suspended from the practice of law for a period of one year and one day, with all but sixty days deferred, subject to a period of supervised probation with conditions, including the payment of restitution.”
Zecchini v. Comm'r, 63 T.C.M. 1717 (Tax Ct. 1992).
· cites it 2× “14:73 (West 1986); Tex. Penal Code Ann. sec. 32.43(c) (West 1991).”
United States v. Tonry, 633 F. Supp. 643 (E.D. La. 1986).
· cites it 5× “nvolving an alleged bribe of the Chairman of the Chitimacha Indian Tribe, that the alleged travel which is the focus of the indictment cannot, as a matter of law, form the basis for a charge of illegal conduct, and, finally, that under the facts mentioned in the indictment,…”
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