Any person who gives, offers or promises to an agent, employee or servant any gift or gratuity whatever with intent to influence his action in relation to his principal's, employer's or master's business; any agent, employee or servant who requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner in relation to his principal's, employer's or master's business; any agent, employee or servant who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, or to employ service or labor for his principal, employer or master, receives, directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee or servant such commission, discount or bonus, shall be guilty of a Class 2 misdemeanor. (1913, c. 190, s. 1; C.S., s. 4475; 1969, c. 1224, s. 6; 1993, c. 539, s. 234; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Cited in
8
cases, 1963–2012 · leading case:
State v. Brewer, 129 S.E.2d 262 (N.C. 1963).
State v. Brewer, 129 S.E.2d 262 (N.C. 1963).
· cites it 31× “It “contains within one count three separate and distinct averments of conspiracy: (a) a conspiracy to violate G.S. 14-353; (b) a conspiracy that the defendants, with the exception of Robert A.”
Capital Resources, LLC v. Chelda, Inc., 735 S.E.2d 203 (N.C. Ct. App. 2012).
· cites it 12× “N.C. Gen. Stat. § 14-353 (2012). Under section 14-353, four categories of acts are criminalized.”
Perrin v. United States, 444 U.S. 37 (1979).
“1978-1979) (enacted 1905); N. C. Gen. Stat. § 14-353 (1969) (enacted 1913); Pa.”
State v. Fredell, 195 S.E.2d 300 (N.C. 1973).
· cites it 2× “Brewer, supra, the defendant was charged with a violation of G.S. 14-353. That statute was divisible into four parts.”
In Re the Extradition of Chan Seong-I, 346 F. Supp. 2d 1149 (D.N.M. 2004).
“08 (felony when value of benefit exceeds one thousand dollars and causes economic harm to the principal in an amount' exceeding two hundred and fifty dollars); N.C. Gen.Stat. § 14-353 (misdemeanor); N.”
In re Comput. Tech. Corp., 343 S.E.2d 264 (N.C. Ct. App. 1986).
“We believe this affidavit provides sufficient facts and circumstances to show reasonable grounds to suspect a violation of the criminal law, including but not limited to G.S. 14-353, and that the records sought are likely to bear upon the investigation of the crime.”
Diamond Triumph Auto Glass, Inc. v. Safelite Glass Corp., 344 F. Supp. 2d 936 (M.D. Penn. 2004).
· cites it 4× “Specifically, North Carolina General Statute § 14-353 requires that the defendant provide payments with an intent to influence the recipient and that the payment be made “under an agreement or an understanding that he shall act in any particular manner in relation to his…”
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