§ 136-13. Malfeasance of officers and employees of Department of Transportation, members of Board of Transportation, contractors, and others. - North Carolina Statutes

§ 136‑13.  Malfeasanceof officers and employees of Department of Transportation, members of Board ofTransportation, contractors, and others.

(a)        It is unlawful forany person, firm, or corporation to directly or indirectly corruptly give,offer, or promise anything of value to any officer or employee of theDepartment of Transportation or member of the Board of Transportation, or topromise any officer or employee of the Department of Transportation or anymember of the Board of Transportation to give anything of value to any otherperson with intent:

(1)        To influence anyofficial act of any officer or employee of the Department of Transportation ormember of the Board of Transportation;

(2)        To influence suchmember of the Board of Transportation, or any officer or employee of theDepartment of Transportation to commit or aid in committing, or collude in, orallow, any fraud, or to make opportunity for the commission of any fraud on theState of North Carolina; and

(3)        To induce a memberof the Board of Transportation, or any officer or employee of the Department ofTransportation to do or omit to do any act in violation of his lawful duty.

(b)        It shall beunlawful for any member of the Board of Transportation, or any officer oremployee of the Department of Transportation, directly or indirectly, tocorruptly ask, demand, exact, solicit, accept, receive, or agree to receiveanything of value for himself or any other person or entity in return for:

(1)        Being influenced inhis performance of any official act;

(2)        Being influenced tocommit or aid in committing, or to collude in, or allow, any fraud, or to makeopportunity for the commission of any fraud on the State of North Carolina; and

(3)        Being induced to door omit to do any act in violation of his official duty.

(c)        The violation ofany of the provisions of this section shall be cause for forfeiture of publicoffice and shall be a Class H felony which may include a fine of not more thantwenty thousand dollars ($20,000) or three times the monetary equivalent of thething of value whichever is greater. (1921, c. 2, s. 49; C.S., s.3846(cc); 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1965, c. 55, s. 7; 1973, c.507, s. 6; 1975, c. 716, s. 7; 1977, c. 464, ss. 7.1, 10, 10.1; 1979, c. 298,ss. 3, 4; 1993, c. 539, s. 1308; 1994, Ex. Sess., c. 24, s. 14(c).)