§ 9-201. Bribery of public employee

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Political subdivision" includes a:

      (i) county;

      (ii) municipal corporation;

      (iii) bi-county or multicounty agency;

      (iv) county board of education;

      (v) public authority; or

      (vi) special taxing district that is not a homeowner's association.

   (3) (i) "Public employee" means an officer or employee of:

         1. the State; or

         2. a political subdivision of the State.

      (ii) "Public employee" includes:

         1. an executive officer of the State;

         2. a judge of the State;

         3. a judicial officer of the State;

         4. a member or officer of the General Assembly;

         5. a member of the police force of Baltimore City or the Department of State Police; and

         6. a member, officer, or executive officer of a political subdivision.

(b) Prohibited -- Bribing public employee. -- A person may not bribe or attempt to bribe a public employee to influence the public employee in the performance of an official duty of the public employee.

(c) Prohibited -- Public employee demanding or receiving bribe. -- A public employee may not demand or receive a bribe, fee, reward, or testimonial to:

   (1) influence the performance of the official duties of the public employee; or

   (2) neglect or fail to perform the official duties of the public employee.

(d) Penalty. -- A person who violates this section is guilty of the misdemeanor of bribery and on conviction:

   (1) is subject to imprisonment for not less than 2 years and not exceeding 12 years or a fine not less than $ 100 and not exceeding $ 5,000 or both;

   (2) may not vote; and

   (3) may not hold an office of trust or profit in the State.

(e) Statute of limitations and in banc review. -- A person who violates this section is subject to § 5-106(b) of the Courts Article.

(f) Competency and immunity of witness in prosecution. --

   (1) A person who violates this section:

      (i) is a competent witness; and

      (ii) subject to paragraph (2) of this subsection, may be compelled to testify against any person who may have violated this section.

   (2) A person compelled to testify for the State under paragraph (1) of this subsection is immune from prosecution for a crime about which the person was compelled to testify.

HISTORY: An. Code 1957, art. 27, § 22; 2002, ch. 26, § 2; 2006, ch. 430.