§ 12.1-12-01 — Bribery

1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to
give to another, or solicits, accepts, or agrees to accept from another, a thing of value
as consideration for:
a. The recipient's official action as a public servant; or
b. The recipient's violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to
act in the desired way whether because he had not yet assumed office, or lacked
jurisdiction, or for any other reason.
3. A prima facie case is established under this section upon proof that the actor knew that
a thing of pecuniary value was offered, given, or agreed to be given by, or solicited,
accepted, or agreed to be accepted from, a person having an interest in an imminent
or pending: a. examination, investigation, arrest, or judicial or administrative
proceeding; or b. bid, contract, claim, or application, and that interest could be affected
by the recipient's performance or nonperformance of his official action or violation of
his known legal duty as a public servant.