Tennessee Code Annotated
Tenn. Code Ann. § 39-16-102 (2026)
Bribery of public servant
✓ current as of May 2026
- (a) A person commits an offense who:
- (1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity; or
- (2) While a public servant, solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be influenced.
- (b)
- (1) It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because the person had not yet assumed office, lacked jurisdiction, or for any other reason.
- (2) It is no defense to prosecution under this section that the person who sought to influence a public official took action on behalf of a public or private organization or any other entity, for the purpose of organizing a campaign or for any other lawful purpose.
- (c)
- (1) Bribery of a public servant under subdivision (a)(1) is a Class B felony.
- (2) A public servant accepting or agreeing to accept a bribe under subdivision (a)(2) is a Class B felony.
Amended by 2014 Tenn. Acts, ch. 982,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 2, § 1.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1995–2024 · leading case: State v. Desirey, 909 S.W.2d 20 (Tenn. Crim. App. 1995).
State v. Desirey, 909 S.W.2d 20 (Tenn. Crim. App. 1995). “ (a) A person commits an offense who: (1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official…”
State v. Clark, 2 S.W.3d 233 (Tenn. Crim. App. 1998). “§ 39-13-504(a)(3)(B), (4) (1997) (aggravated sexual battery — victim mentally defective, mentally incapacitated or physically helpless, or victim under 13 years of age); Tenn.Code Ann. § 39-16-102 (1997) (bribery of public servant).”
Rimon Abdou v. Wesley Ben Clark (Tenn. Ct. App. 2024). “Abdou’s amended complaint for failure to state a claim. -8- In Count III of his amended complaint, Mr.”
State of Tennessee v. Robert Frost (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 39-16-102 (a)(2). -6- The defendant’s challenge to the sufficiency of the evidence to support his conviction centers around his attack on the credibility of the state’s key witness, Michael Hoover.”
State of Tennessee v. Susan Deshon Winters (Tenn. Crim. App. 2013). “See T.C.A. §§ 39-16-102; 39-17- 417(a)(4), (c)(1); 39-17-417(a)(4), (g)(1); 39-17-425.”
State of Tennessee v. Donna F. Benson (Tenn. Crim. App. 2002). “W2001-01926-CCA-R3-CD - Filed October 8, 2002 The defendant, a former employee of the Shelby County Criminal Court Clerk’s office, pled guilty to two counts of public servant accepting a bribe, in violation of Tennessee Code Annotated section 39-16-102, a Class C felony. The…”
State of Tennessee v. Sonya Nale (Tenn. Crim. App. 2022). “See T.C.A. § 39-16-102 (2018). After the trial court granted the Defendant’s motion to disqualify the Twelfth Judicial District Attorney’s office, we granted the State’s application for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9 to review the…”
Wheel Recovery Sys., LLC v. Nichols (E.D. Tenn. 2023). “Tipton contends no bribery occurred because Tennessee’s criminal statutes only penalize bribery of public servants, Tenn. Code Ann. § 39-16-102 ; witnesses, id.”
State of Tennessee v. Tony Williams (Tenn. Crim. App. 2001). “Tenn. Code Ann. § 39-16-102 (a)(2). The defendant allegedly committed the crimes between September 1, 1999, and February 1, 2000.”
State v. John Clark (Tenn. Crim. App. 2010). “§ 39-13-504 (a)(3)(B), (4) (1997) (aggravated sexual battery - victim mentally defective, mentally incapacitated or physically helpless, or victim under 13 years of age); Tenn. Code Ann. § 39-16-102 (1997) (bribery of public servant).”
State of Tennessee v. Mashaal Arradi (Tenn. Crim. App. 2014). “Notwithstanding our conclusion that aggregation principles are applicable to the Defendant’s case, we briefly note that Desirey addressed whether a defendant’s separate convictions for bribery under Tennessee Code Annotated section 39-16-102 should have been consolidated…”
Sam Spicer v. Stace Thompson (Tenn. Ct. App. 2004). “S IMPOSED BY LAW OR THAT IS CLEARLY INHERENT IN THE NATURE OF THE PUBLIC SERVANT’S OFFICE OR EMPLOYMENT, TO-WIT: ATTEMPTING TO RETURN A STOLEN FIREARM TO JASON GOFORTH, THE PERSON THE FIREARM WAS SEIZED FROM, INSTEAD OF MAINTAINING SAID FIREARM AS EVIDENCE TO BE USED IN COURT…”
— Tenn. Code Ann. § 39-16-102(a) — 2 cases
State of Tennessee v. Robert Frost (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 39-16-102 (a)(2). -6- The defendant’s challenge to the sufficiency of the evidence to support his conviction centers around his attack on the credibility of the state’s key witness, Michael Hoover.”
State of Tennessee v. Donna F. Benson (Tenn. Crim. App. 2002). “W2001-01926-CCA-R3-CD - Filed October 8, 2002 The defendant, a former employee of the Shelby County Criminal Court Clerk’s office, pled guilty to two counts of public servant accepting a bribe, in violation of Tennessee Code Annotated section 39-16-102, a Class C felony. The…”
— Tenn. Code Ann. § 39-16-102(a)(1) — 1 case
State v. Desirey, 909 S.W.2d 20 (Tenn. Crim. App. 1995). “ (a) A person commits an offense who: (1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official…”
— Tenn. Code Ann. § 39-16-102(a)(2) — 1 case
State of Tennessee v. Susan Deshon Winters (Tenn. Crim. App. 2013). “See T.C.A. §§ 39-16-102; 39-17- 417(a)(4), (c)(1); 39-17-417(a)(4), (g)(1); 39-17-425.”
— Tenn. Code Ann. § 39-16-102(a)(l) — 1 case
State v. Desirey, 909 S.W.2d 20 (Tenn. Crim. App. 1995). “ (a) A person commits an offense who: (1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official…”
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