CHAPTER 47
BRIBERY AND CORRUPT INFLUENCE
Sec.
4701. Bribery in official and political matters.
4702. Threats and other improper influence in official and political matters.
4703. Retaliation for past official action.
Enactment. Chapter 47 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 47 is referred to in section 911 of this title; sections 17316, 17346 of Title
16 (Counties); section 3575 of Title 42 (Judiciary and Judicial Procedure); section
5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities
and Quasi-Public Corporations).
§ 4701. Bribery in official and political matters.
(a) Offenses defined.--A person is guilty of bribery, a felony of the third degree, if he offers, confers
or agrees to confer upon another, or solicits, accepts or agrees to accept from another:
(1) any pecuniary benefit as consideration for the decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party official or voter
by the recipient;
(2) any benefit as consideration for the decision, vote, recommendation or other exercise
of official discretion by the recipient in a judicial, administrative or legislative
proceeding; or
(3) any benefit as consideration for a violation of a known legal duty as public servant
or party official.
(b) Defenses prohibited.--It is no defense to prosecution under this section that a person whom the actor sought
to influence was not qualified to act in the desired way whether because he had not
yet assumed office, had left office, or lacked jurisdiction, or for any other reason.
Cross References. Section 4701 is referred to in section 5708 of this title; section 5552 of Title 42
(Judiciary and Judicial Procedure).
Notes of Decisions
Commonwealth v. Moran, Aplt, 104 A.3d 1136 (Pa. 2014).
· cites it 20× “We hold § 4701 is not a strict liability crime; the mens rea for this offense is the Crimes Code’s “default” culpability provision, id.”
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
· cites it 6× “Goldenberg and Biener "[did] not amount to criminal conduct," a premise employed by that opinion to defeat the charge of bribery in official and political matters, 18 Pa.C.S. § 4701. The evidence at the preliminary hearing established that Dr.”
Scarantino v. Pub. Sch. Employees' Ret. Bd., 68 A.3d 375 (Pa. Commw. Ct. 2013).
· cites it 7× “§ 666 (a)(1)(B) (theft or bribery concerning programs receiving federal funds) is substantially the same as bribery in official and political matters under Section 4701 of the Crimes Code, 18 Pa.C.S. § 4701. 3 Petitioner filed an appeal and request for administrative hearing.”
Commonwealth v. Veon, 150 A.3d 435 (Pa. 2016).
· cites it 2× “Perhaps of greatest salience to this matter is 18 Pa. C.S. § 4701, which provides that a person is guilty of bribery in official and political matters, inter alia, “if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept .”
Commonwealth v. Parmar, 710 A.2d 1083 (Pa. 1998).
· cites it 8× “The General Assembly recodified the general bribery statute, 18 Pa.C.S. § 4701 to prohibit bribery in official and political matters.”
Commonwealth v. Moran, 5 A.3d 273 (Pa. Super. Ct. 2010).
· cites it 10× “Moran contends that the evidence adduced was not legally sufficient to establish that he acted with criminal intent and/or to gain an unlawful benefit as required by the statute. In addition, he contends that the trial court abused its discretion in denying counsel's requests to…”
United States v. Asher, Robert B., 854 F.2d 1483 (3rd Cir. 1988).
· cites it 4× “Second, Pennsylvania’s bribery statute, 18 Pa. Cons. Stat. Ann. § 4701 (Purdon 1983), which is the statute underlying the mail fraud counts, makes no distinction between public servants and party officials— both are equally culpable for offering or accepting a bribe.”
Commonwealth v. Kelly, 369 A.2d 438 (Pa. Super. Ct. 1976).
· cites it 4× “334, § 1, 18 Pa.C.S. § 4701 (1973). [3] Act of December 6, 1972, P.”
Commonwealth v. Schauffler, 580 A.2d 314 (Pa. 1990).
· cites it 6× “1 of the Model Penal Code, the section from which 18 Pa.C.S. § 4701 was derived, observes that the offense does not require a bilateral agreement in which there has been a meeting of the minds.”
Petition of Hughes, 532 A.2d 298 (Pa. 1987).
· cites it 4× “18 Pa.C.S. § 4701(a). The facts underlying Jannotti's federal conviction would constitute a violation of 18 Pa.”
Commonwealth v. Ohle, 470 A.2d 61 (Pa. 1983).
· cites it 2× “The Crimes Code provision dealing with bribery in official and political matters, 18 Pa.C.S. § 4701, provides: (a) Offenses defined.”
Commonwealth v. Weiskerger, 554 A.2d 10 (Pa. 1989).
· cites it 2× “§ 903), Bribery in Official and Political Matters (18 Pa.C.S. § 4701), and Violations of the Public Officials Ethics Act (65 P.”
— 18 Pa. Cons. Stat. § 4701(1) — 1 case
— 18 Pa. Cons. Stat. § 4701(3) — 1 case
— 18 Pa. Cons. Stat. § 4701(a) — 5 cases
Petition of Hughes, 532 A.2d 298 (Pa. 1987).
“18 Pa.C.S. § 4701(a). The facts underlying Jannotti's federal conviction would constitute a violation of 18 Pa.”
Commonwealth v. Moran, Aplt, 104 A.3d 1136 (Pa. 2014).
“We hold § 4701 is not a strict liability crime; the mens rea for this offense is the Crimes Code’s “default” culpability provision, id.”
— 18 Pa. Cons. Stat. § 4701(a)(1) — 4 cases
Commonwealth v. Veon, 150 A.3d 435 (Pa. 2016).
“Perhaps of greatest salience to this matter is 18 Pa. C.S. § 4701, which provides that a person is guilty of bribery in official and political matters, inter alia, “if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept .”
Commonwealth v. Moran, Aplt, 104 A.3d 1136 (Pa. 2014).
“We hold § 4701 is not a strict liability crime; the mens rea for this offense is the Crimes Code’s “default” culpability provision, id.”
Petition of Hughes, 532 A.2d 298 (Pa. 1987).
“18 Pa.C.S. § 4701(a). The facts underlying Jannotti's federal conviction would constitute a violation of 18 Pa.”
Commonwealth v. Parmar, 710 A.2d 1083 (Pa. 1998).
“The General Assembly recodified the general bribery statute, 18 Pa.C.S. § 4701 to prohibit bribery in official and political matters.”
— 18 Pa. Cons. Stat. § 4701(a)(2) — 2 cases
— 18 Pa. Cons. Stat. § 4701(a)(3) — 5 cases
Commonwealth v. Schauffler, 580 A.2d 314 (Pa. 1990).
“1 of the Model Penal Code, the section from which 18 Pa.C.S. § 4701 was derived, observes that the offense does not require a bilateral agreement in which there has been a meeting of the minds.”
Commonwealth v. Parmar, 710 A.2d 1083 (Pa. 1998).
“The General Assembly recodified the general bribery statute, 18 Pa.C.S. § 4701 to prohibit bribery in official and political matters.”
— 18 Pa. Cons. Stat. § 4701(b) — 2 cases
Commonwealth v. Moran, Aplt, 104 A.3d 1136 (Pa. 2014).
“We hold § 4701 is not a strict liability crime; the mens rea for this offense is the Crimes Code’s “default” culpability provision, id.”
Commonwealth v. Ohle, 470 A.2d 61 (Pa. 1983).
“The Crimes Code provision dealing with bribery in official and political matters, 18 Pa.C.S. § 4701, provides: (a) Offenses defined.”
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