Section 9-201 - Bribery of public employee. - Maryland Statutes

§ 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. 
 

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