(a) If any person holding office, or who has filed a notice of candidacy for or been nominated for such office, under the laws of this State who, except in payment of his legal salary, fees or perquisites, shall receive, or consent to receive, directly or indirectly, anything of value or personal advantage, or the promise thereof, for performing or omitting to perform any official act, which lay within the scope of his official authority and was connected with the discharge of his official and legal duties, or with the express or implied understanding that his official action, or omission to act, is to be in any degree influenced thereby, he shall be punished as a Class F felon.
(b) Indictments issued under these provisions shall specify:
(1) The thing of value or personal advantage sought to be obtained; and
(2) The specific act or omission sought to be obtained; and
(3) That the act or omission sought to be obtained lay within the scope of the defendant's official authority and was connected with the discharge of his official and legal duties.
(c) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 539, s. 1207.
(d) For purposes of this section, a thing of value or personal advantage shall include a campaign contribution made or received under Article 22A of Chapter 163 of the General Statutes. (1868-9, c. 176, s. 2; Code, s. 991; Rev., s. 3568; C.S., s. 4372; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983 (Reg. Sess., 1984), c. 1050, s. 1; 1993, c. 539, ss. 1206, 1207; 1994, Ex. Sess., c. 24, s. 14(c); 2010-169, s. 3(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
Notes of Decisions
Cited in
7
cases, 1953–2020 · leading case:
State v. Smith, 74 S.E.2d 291 (N.C. 1953).
State v. Smith, 74 S.E.2d 291 (N.C. 1953).
· cites it 4× “The bill of indictment charges a violation of G.S. §§ 14-217 and 14-218. Section 14-217 has as an essential element of the offense of bribery of officials the receipt of anything of value with the express or implied understanding that his official acts are to be in any degree…”
State v. Greer, 77 S.E.2d 917 (N.C. 1953).
· cites it 2× “"For unlawfully receiving and consenting to receive money for an illegal purpose, to-wit, to *921 discharge a prisoner then in his custody for a crime committed, said Wynne being then a special constable duly appointed under the law of the state".”
State v. Hair, 442 S.E.2d 163 (N.C. Ct. App. 1994).
· cites it 3× “See N.C.G.S. § 14-217 (bribery for official to receive anything of value “for performing or omitting to perform any official act”).”
United States v. Manzo, 851 F. Supp. 2d 797 (D.N.J. 2012).
“§§ 640:1-2 (proscribing bribery of candidates for electoral office "upon his public announcement of his candidacy”); N.C. Gen.Stat. § 14-217 (including any person "who has filed a notice of candidacy for or been nominated for such office, under the laws of this State” in its…”
State v. Smith, 74 S.E.2d 291 (N.C. 1953).
· cites it 3× “, Sections 14-217 and 14-218. Section 14-217 has as an essential element of the offense of bribery of officials the receipt of anything of value with the express or implied understanding that his official acts are to be in any degree influenced thereby.”
Shreve v. Limpert (E.D.N.C. 2020).
· cites it 2× “§ 1621 for perjury, as well as a number of North Carolina statutes including: 1) North Carolina General Statute § 14-90, for embezzlement of property received by virtue of office or employment; 2) North Carolina General Statute § 14-91, for embezzlement of state property by…”
State v. Stanley, 299 S.E.2d 464 (N.C. Ct. App. 1983).
“Under G.S. 14-217, as applicable to the present case, a pers'on is guilty of bribery if, while holding a public office, he receives something of value for omitting to perform an official act with the express or implied understanding that his official action or inaction was to be…”
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