Bribery of Executive, Administrative, or Public Officers – NRS 197.010 – NRS 197.040

Bribery of Executive, Administrative, or Public Officers

In Nevada, bribery of executive, administrative, or public officers is a serious offense outlined under NRS 197.010 – NRS 197.040. This statute addresses the illegal act of offering, giving, or receiving bribes to influence or alter the actions of public officials, including those in executive or administrative positions.

To secure a conviction for bribery of a public officer, the prosecution must prove the following elements beyond a reasonable doubt:

1. Offer or Receipt of a Bribe: The accused must have either offered, given, or received a bribe. A bribe can be any form of payment or inducement designed to influence the actions of the official.
2. Intended Influence: The bribe was intended to influence or alter the official’s performance or conduct in their official duties.
3. Knowledge and Corruption: The accused must have acted with knowledge that the bribe was intended to corruptly influence the official’s actions.

Related Offenses

Bribery of executive, administrative, or public officers is closely related to other criminal offenses, including:

1. Extortion – NRS 205.320
2. Fraud – NRS 205.377
3. Kickbacks – NRS 197.050
4. Conspiracy to Commit Bribery – NRS 199.480
5. False Statements – NRS 199.220

Examples

Understanding how bribery of a public officer operates can be illustrated with the following examples:

• Example 1: A business owner offers a city council member a substantial sum of money in exchange for favorable zoning approval. If the council member accepts the bribe or agrees to the terms, both parties could face charges of bribery.
• Example 2: An individual provides a gift or cash to a state official to secure a favorable decision on a regulatory matter. This act constitutes bribery if the official’s conduct is influenced by the bribe.

Defenses to Bribery of Executive, Administrative, or Public Officers

Defending against bribery charges can be complex. Potential defenses include:

1. Lack of Intent: Proving that there was no intent to influence or corrupt the official’s actions can be a defense. If the prosecution cannot demonstrate that the accused intended to bribe or corrupt the official, the charges may not stand.
2. No Bribe Existed: Showing that no bribe was actually offered, given, or received can be a defense. This could include proving that the alleged bribe was merely a legitimate business transaction or gift.
3. Mistaken Identity: In some cases, the defense may argue that the accused was mistakenly identified as the individual involved in the bribery.

Potential Penalty for Bribery of Executive, Administrative, or Public Officers

The penalties for bribery of a public officer under NRS 197.010 – NRS 197.040 are severe and can include:

• Category B Felony: Bribery of a public officer is typically charged as a Category B felony in Nevada.
• Penalties: If convicted, the defendant may face 1 to 6 years in prison and/or a fine of up to $50,000.
• Additional Consequences: Conviction can also result in the loss of professional licenses, disqualification from holding public office, and significant reputational damage.

Criminal Defense for Bribery of Executive, Administrative, or Public Officers

Facing charges of bribery requires a skilled and experienced criminal defense attorney. Josh Tomsheck is a distinguished criminal defense lawyer who has extensive experience handling complex and high-stakes cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, Mr. Tomsheck is well-equipped to mount a strong defense.

Mr. Tomsheck is also a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. His track record includes hundreds of complete dismissals and acquittals at trial, demonstrating his ability to achieve favorable outcomes for his clients.

For more information about defending against charges of bribery of executive, administrative, or public officers in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule your free consultation. Call (702) 895-6760 today.