THE MICHIGAN PENAL CODE
Act 328 of 1931
750.118 Public officer; accepting bribe.
Sec. 118.
Public officer accepting bribe—Any executive, legislative or judicial officer who shall corruptly accept any gift or gratuity, or any promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding that his vote, opinion or judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity, he shall make any particular nomination or appointment, shall forfeit his office, and be forever disqualified to hold any public office, trust or appointment under the constitution or laws of this state, and shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.118
FormerLaw Notes:
See section 8 of Ch. 156 of R.S. 1846, being CL 1857, § 5827; CL 1871, § 7660; How., § 9242; CL 1897, § 11312; CL 1915, § 14979; and CL 1929, § 16570.
Notes of Decisions
Cited in
11
cases, 1950–2018 · leading case:
People v. Smith, 918 N.W.2d 718 (Mich. 2018).
People v. Smith, 918 N.W.2d 718 (Mich. 2018).
· cites it 5× “For instance, although Const 1963, art 11, § 8 only includes a 20-year bar to office for individuals convicted of such felonies, MCL 750.118 provides that "[a]ny executive, legislative or judicial officer who shall corruptly accept any gift or gratuity .”
In Re Leon Jenkins, 465 N.W.2d 317 (Mich. 1991).
· cites it 2× “In connection with the foregoing allegations, the complaint charged respondent with committing acts which would, if proven in a criminal trial, constitute violations of, inter alia, MCL 750.118; MSA 28.313 (acceptance of bribes by public official), MCL 750.”
People v. Coutu, 599 N.W.2d 556 (Mich. Ct. App. 1999).
“1730(2), or the bribery statute, MCL 750.118; MSA 28.313. The offense itself, misconduct in office, is defined as “corrupt behavior by an officer in the exercise of the duties of his office or while acting under color of his office.”
People v. Jacoboni, 190 N.W.2d 720 (Mich. Ct. App. 1971).
· cites it 2× “312); and Count III, the receipt of a bribe by a public official, MCLA § 750.118 (Stat Ann 1962 Rev §28.313).”
People v. White, 383 N.W.2d 597 (Mich. Ct. App. 1985).
· cites it 2× “83-371476), defendant was indicted on one count of conspiracy to cause the acceptance of a bribe by a public official, MCL 750.118; MSA 28.313, MCL 750.157a; MSA 28.”
People v. Duncan, 130 N.W.2d 385 (Mich. 1964).
“” CL 1948, § 750.118 (Stat Ann 1962 Eev § 28.313). “Any person who shall, either orally or by a written1 or printed communication, maliciously threaten to aeeuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any…”
People v. Johnston, 43 N.W.2d 334 (Mich. 1950).
“The matters here involved arise out of a prosecution pending against defendant in the circuit court of Macomb county on a charge of having violated CL 1948, § 750.118 (Stat Ann § 28.313). Said section reads as follows: “Any executive, legislative or judicial officer who shall…”
People v. Clark, 350 N.W.2d 878 (Mich. Ct. App. 1984).
· cites it 7× “On February 3, 1983, defendant was found guilty by a jury in Wayne County Circuit Court of two counts of accepting a bribe as a public official of the City of Ecorse, MCL 750.118; MSA 28.313. Defendant was sentenced on February 28, 1983, to three years probation with the first…”
People of Michigan v. Tamboura Kenyatta Jackson (Mich. Ct. App. 2016).
“The trial court sentenced Jackson to concurrent prison terms of 2-1/2 to 20 years for conducting a criminal enterprise, 11 to 168 months for forgery, and 1 to 12 years for accepting a bribe as a public officer. Jackson appeals by right his convictions and argues that the lengthy…”
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