Demanding or receiving bribe by public officer or public employee consists of any public officer or public employee soliciting or accepting, directly or indirectly, anything of value, with intent to have his decision or action on any question, matter, cause, proceeding or appointment influenced thereby, and which by law is pending or might be brought before him in his official capacity.
Whoever commits demanding or receiving bribe by public officer or public employee is guilty of a third degree felony, and upon conviction thereof such public officer or public employee shall forfeit the office then held by him.
History: 1953 Comp., § 40A-24-2, enacted by Laws 1963, ch. 303, § 24-2.
ANNOTATIONSCross references. — For removal of local officers, see 10-4-1 NMSA 1978 et seq.
For acceptance of bribes by irrigation district officials, see 73-9-33, 73-10-18, NMSA 1978.
Statutory crime void. — The statutory crime of demanding or receiving a bribe as a public official (Section 30-24-2 NMSA 1978) to the extent that it relates specifically to legislators is voided by the constitutional crime of soliciting a bribe as a member of the legislature (N.M. Const., art. IV, § 39). State v. Olguin, 1994-NMCA-050, 118 N.M. 91, 879 P.2d 92, aff'd in part, 1995-NMSC-077, 120 N.M. 740, 906 P.2d 731.
Demand for sexual favor to forego arrest deemed bribe. — Where police officer coerced victim to perform fellatio on him so she would not be arrested for driving violations, police officer could properly be charged with demanding a bribe and with criminal sexual penetration. State v. Johnson, 1984-NMCA-094, 102 N.M. 110, 692 P.2d 35, overruled in part on other grounds by Manlove v. Sullivan, 1989-NMSC-029, 108 N.M. 471, 775 P.2d 237.
Assistant district attorney could be prosecuted for attempted bribery under Laws 1912, ch. 75. State v. Collins, 1922-NMSC-063, 28 N.M. 230, 210 P. 569 (decided under prior law).
Attorney was disbarred for conviction of bribery under this section. In re Esquibel, 1992-NMSC-007, 113 N.M. 24, 822 P.2d 121.
Indictment sufficient. — Indictment charging justice of the peace with having wrongfully handed over papers in a case, decided by him and appealed, to a third party upon payment of a bribe, instead of transmitting them to the clerk of the district court, was not insufficient. State v. Williams, 1916-NMSC-073, 22 N.M. 337, 161 P. 334 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Bribery § 11.
Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery, 55 A.L.R.2d 1137.
Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.
Who is public official within meaning of federal statute punishing bribery of public official (18 U.S.C.A. § 201), 161 A.L.R. Fed. 491.
11 C.J.S. Bribery § 11.