Trading in public office.

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(1) A person commits trading in public office if:

  1. He offers, confers, or agrees to confer any pecuniary benefit upon a public servant orparty officer upon an agreement or understanding that he or a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office; or

  2. While a public servant or party officer, he solicits, accepts, or agrees to accept anypecuniary benefit from another upon an agreement or understanding that a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office.

  1. It shall be an affirmative defense that the pecuniary benefit was a customary contribution to political campaign funds solicited and received by lawfully constituted political parties.

  2. Trading in public office is a class 1 misdemeanor.

Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-305. L. 72: p. 275, § 7. L. 73: p. 539, § 6.

Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.


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