Bribery laws are critical to maintaining the integrity of public office and thwarting corruption. In Nevada, these laws are strictly enforced and carry with them significant penalties when violated. Those who find themselves facing bribery charges might often feel overwhelmed and uninformed. To help navigate this complex legal terrain, ATAC Law proudly presents a comprehensive overview of Nevada’s bribery laws, specifically focusing on NRS 197.010 to NRS 197.040 – provisions related to bribery involving Executive, Administrative, or Public Officers.
What Constitutes Officer Bribery in Nevada?
In Nevada, different statutes are applicable depending on the officer’s position.
NRS 197.010: Bribery of an Executive or Administrative Officer?
Executive or administrative officers are prohibited from accepting a bribe, or soliciting for one, in exchange for taking a specific action in their official capacity. For example, increasing a state employee’s pension amount in exchange for a cash offer would be considered a violation of this statute.
NRS 197.020: Bribery of other Public Officers?
It is also a crime to bribe any Public Officer with a view to influence their official activities. Offering a State Bar employee money in exchange for favor – such as access to upcoming Bar Exam questions, is a criminal act under this statute.
NRS 197.030: Asking or Receiving Bribe by Executive or Administrative Officer?
Executive or administrative officers in Nevada are further forbidden from: receiving a bribe or requesting for one in order to take specific action in their official duties. Here, the law criminalizes both the action of accepting a bribe and mere solicitation.
NRS 197.040: Asking or Receiving Bribe by Public Officer or Employee?
This statute criminalizes public employees asking for, or receiving, a bribe in return for partaking in – or refraining from – a particular action.
How Can I Challenge Charges for Bribing a Public Officer in Nevada?
In the unfortunate event that you face charges for bribery, it’s crucial to understand that you still possess the right to mount a defense. Based on our extensive experience at ATAC Law, we know that certain defenses might be instrumental in successfully challenging your charges.
Proving a “lack of intent” could be your most potent line of defense. Although money may have been exchanged, it’s critical to remember that a crime doesn’t technically occur unless there was a clear intent to trade funds for influence over official action. In other words, the exchange of money isn’t inherently criminal – the intent behind the exchange is what constitutes the crime.
If the evidence gathered against you resulted from an unlawful search or seizure by law enforcement officers, this might offer yet another defense strategy. In situations like these, we would request the presiding judge exclude all evidence obtained unlawfully. With the potentially incriminating evidence suppressed, the prosecutor may be left with insufficient proof to continue pursuit of the case.
What Are the Consequences for Bribing an Officer in Nevada?
In the state of Nevada, being convicted of bribing an executive, administrative, or public officer is considered a serious offense and is classified as a category C felony. Those found guilty of such a crime can expect to receive a sentence that could range from one to five years in Nevada State Prison. Additionally, the court may impose a fine of up to $10,000.
Can My Criminal Record Be Sealed in Nevada?
The opportunity to seal your criminal record depends on the category of the felony you were convicted of. For a Category C felony, which encompasses certain bribery offenses, you can petition for your record to be sealed five years after the case has been officially closed. If your charges are dismissed—meaning you were not convicted—then you can seek to have your record sealed without any waiting period.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
