Chapter 15 Bribery

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 15 Bribery

Bribery is defined at common law as "the payment or offer of a valuable consideration to a public officer to influence him in the discharge of a legal duty . . . ." State v. Meehan, 158 S.E. 151, 154 (S.C. 1931); see also 3 S.C. Jur. Bribery § 2 (2021).

In State v. Cole, the common law crime of bribery was extended to any party "under a legal duty connected with the administration of public justice." State v. Cole, 92 S.E. 624, 625 (S.C. 1917). Thus, bribery can be characterized as an offense against public justice. Cole, 92 S.E. at 624.

Bribery is codified by statute in South Carolina. The bribery statutes are divided into specific categories of persons for whom it is a crime to bribe as well as the specified categories of persons who will be held accountable for accepting those bribes. Specifically, the bribery statutes in South Carolina are as follows:

• S.C. Code Ann. § 16-9-210 - Giving or offering bribes to executive, legislative and judicial officers.
• S.C. Code Ann. § 16-9-220 - Acceptance of bribes by executive, legislative and judicial officers.
• S.C. Code Ann. § 16-9-230 - Acceptance of rebates and extra compensation by any person holding an office or position of trust or profit.
• S.C. Code Ann. § 16-9-240 - Taking of consideration or the like by sheriff or other officer for not performing duties.
• S.C. Code Ann. § 16-9-250 - Unlawful acceptance of remuneration by peace officers for performing official duties.
• S.C. Code Ann. § 16-9-260 - Corrupting jurors, arbitrators, umpires or referees.
• S.C. Code Ann. § 16-9-270 - Acceptance of bribes by jurors, arbitrators, umpires or referees.
• S.C. Code Ann. § 16-9-280 - Offering bribe for purpose of inducing another to procure public office.
• S.C. Code Ann. § 16-9-290 - Accepting bribes for purpose of procuring public office.
• S.C. Code Ann. § 16-17-540 - Bribery with respect to agents, servants or employees.
• S.C. Code Ann. § 16-17-550 - Bribery of athletes and athletic officials.

A. Giving or offering bribes to executive, legislative and judicial officers; S.C. Code Ann. § 16-9-210

Whoever corruptly gives, offers or promises to any executive, legislative or judicial officer, after his election or appointment, either before or after he is qualified or has taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be pending or may by law come or be brought before him in his official capacity, shall be punished by imprisonment in the State Penitentiary at hard labor not exceeding five years or by a fine not exceeding three thousand dollars and imprisonment in jail not exceeding one year. S.C. Code Ann. § 16-9-210.

1. Elements

a. Any person who corruptly gives, offers or promises,
b. any gift or gratuity
c. to an executive, legislative, or judicial officer
d. with intent to influence that officer's act, vote, opinion, decision or judgment
e. on any matter, question, cause or proceeding which is pending or may be brought before him in the future in his official capacity. Id.

2. Elements Defined

a. Corrupt intent

The term "corruptly" as used in this section means dishonestly. State v. Ferguson, 395 S.E.2d 182, 183 (1990). More specifically, corruptly means "an effort to procure dishonest activities of the person to whom the gratuity or gift is offered to get him to fail to perform his duties in whatever office he is holding and whatever duty he is required to exercise." Id.

"It is not essential that the act sought to be attained by the corrupt offer be actually accomplished, but it is only necessary that it be such an act as is capable of being done, and that the thing of value was given with the intent to influence the doing of the act." Meehan, 158 S.E. at 154. Only the party accused of giving the bribe must have the requisite corrupt intent. McAninch, Fairey, and Coggiola, THE CRIMINAL LAW OF SOUTH CAROLINA, 539-40 (6^th ed. 2013) (hereafter, McAninch, Fairey, and Coggiola (2013)). "Bribery is not a joint offense of the giver and receiver although the physical acts of at least two persons must concur to render one guilty of receiving a bribe." 11 C.J.S. Bribery § 3 (2021) (footnote omitted).

b. Value

Items of value include "the value which the public official subjectively attaches to the items received." 12 Am. Jur. 2d Bribery § 7 (2021) (footnote omitted), see also 67 A.L.R. 3d 1231 § 2[a] (2021).

3. Defenses

What is "not a defense is the defendant's lack of actual authority to perform the alleged act for which he or she solicits or accepts a bribe, at least where the act solicited is sufficiently related to the performance of the defendant's official duties." 12 Am. Jur. 2d Bribery § 24 (2021) (footnote omitted).

4. Penalties

See statute, S.C. Code Ann. § 16-9-210.

B. Acceptance of bribes by executive, legislative and judicial officers; S.C. Code Ann. § 16-9-220

Every executive, legislative or judicial officer who corruptly accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to such an officer under an agreement or with an understanding that his vote, opinion or judgment shall be given in any particular manner or on any particular side of any question, cause or proceeding which is or may be by law brought before him in his official capacity or that, in such capacity, he shall make any particular nomination or appointment shall forfeit his office, be forever disqualified to hold any public office, trust or appointment under the laws of this State and be punished by imprisonment in the State Penitentiary at hard labor not exceeding ten years or by fine not exceeding five thousand dollars and imprisonment in jail not exceeding two years. S.C. Code Ann. §

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