Commercial bribery and breach of duty to act disinterestedly.

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(1) A person commits a class 6 felony if he solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:

  1. Agent or employee; or

  2. Trustee, guardian, or other fiduciary; or

  3. Lawyer, physician, accountant, appraiser, or other professional adviser; or

  4. Officer, director, partner, manager, or other participant in the direction of the affairsof an incorporated or unincorporated association; or

  5. Duly elected or appointed representative or trustee of a labor organization or employee welfare trust fund; or

  6. Arbitrator or other purportedly disinterested adjudicator or referee.

  1. A person who holds himself out to the public as being engaged in the business ofmaking disinterested selection, appraisal, or criticism of commodities, property, or services commits a class 6 felony if he knowingly solicits, accepts, or agrees to accept any benefit to alter, modify, or change his selection, appraisal, or criticism.

  2. A person commits a class 6 felony if he confers or offers or agrees to confer anybenefit the acceptance of which would be a felony under subsections (1) and (2) of this section.

Source: L. 71: R&RE, p. 443, § 1. C.R.S. 1963: § 40-5-401. L. 77: (2) amended, p. 964, § 32, effective July 1. L. 89: IP(1), (2), and (3) amended, p. 835, § 60, effective July 1.

Cross references: For bribery of a public servant, see § 18-8-302.


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