Exceptions and Defenses

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  1. It is an exception to the application of §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved is a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled.
  2. It is a defense to prosecution under §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved was:
    1. A trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official impartiality; or
    2. A lawful contribution made for the political campaign of an elective public servant when the public servant is a candidate for nomination or election to public office.


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