What is the Law on Bribery in Kentucky and what are the Punishments for it?
This piece provides an insight through the intricacies of the meaning of Bribery, its major types, critical bits of a charge of bribery and the penalties for bribery in Kentucky, an east south-central region in the United States.
Meaning of Bribery: The term Bribery is used for the exchange (whether giving away or taking) anything that holds a good worth for some favor or advantage which would otherwise not happen and is mostly illicit. Bribery is a form of corruption which involves offering to do something for an individual to fulfill the expressed purpose of receiving something in return.
Generally, gifts or money or items/ products of great value are offered/ taken in bribe. It is seen as a value thought to be suitable to affect one's conduct. Bribes generally include monetary benefits, goods/ products, property like houses and other buildings, other objects of great worth, to affect the action, vote, or decisions of an individual in a particular field.
Major types of Bribery: Different kinds of offerings/favors are included under bribe such as tips offered, gifts in turn of fake deals or to manipulate deals, perks given in order to obtain contracts from public departments, favor, and discounts for getting the task done, cash offered to fuel the political campaigns, tickets given free of cost or even free food, aids and vacations, trade unions involved in sweetheart deals, raising funds, sponsoring, offering property and other objects.
Bribery can take a number of forms. For example, a bike rider might bribe traffic police for exempting him for speeding up, a citizen getting his driving license/other documents prepared before time and without following the due procedure.
Critical bits of a charge of bribery: A phone call recorded between a cop and the individual offering the bribe can work as a proof against the cop to build up charges. The following must be the critical elements essential in order to start a case of bribery against a government employee:
• The person to whom the bribe is offered must be someone with a position in the government or a public official.
• Tangible (such as money) or intangible (such as promises) offerings having a value must be offered.
• An official decision must be aimed to influence to which the person being offered with the bribe holds the power to influence.
• The intention must be clear and sufficient evidence must be present for the case.
What are the general laws for bribery in Kentucky?
According to Kentucky Statutes 521.020 which covers bribery of a government official, an individual is considered guilty of bribing a public official when:
• An individual grantor agrees to grant/offer any kind of benefit in terms of cash, property or any such offering the purpose of which is to provide an illicit economic benefit which is considered enough to affect and manipulate the decision or judgment of a public official. Along with it, the public official should agree to the same in exchange for his manipulated decision.
Here, the “public official” is defined as any government appointed an employee of the state having instrumentality in the state itself. Kentucky has special laws dealing with commercial bribery and sports bribery too.
Penalties and punishments concerned with bribery in Kentucky:
The law of Kentucky takes offense of bribery seriously and the accused is subjected to the punishment accordingly. As a result of this, the following are the punishments decided by the law for this offense:
Offering/ Receiving a bribe may result in $1,000-10,000 or almost double the amount taken as a bribe to be paid as a penalty by the individual involved in bribing. Bribing a public employee is a class C offense. A period of 5-10 years in jail has also been decided under the law of Kentucky for bribing a public employee. Commercial bribery may result in 12 months in jail and a monetary fine of $500. It is a class A offense. Sports bribery is an offense which may result in 1-5 years in jail and a monetary fine of $1,000-10,000. It is a class D offense.