§ 638:7 — Commercial Bribery

I. A person is guilty of commercial bribery when, without the consent of employer or principal, contrary to the best interests of the employer or principal:
(a) He confers, offers, or agrees to confer upon the employee, agent or fiduciary of such employer or principal, any benefit with the purpose of influencing the conduct of the employee, agent or fiduciary in relation to his employer's or principal's affairs; or
(b) He, as an employee, agent or fiduciary of such employer or principal, solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs: provided that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.
II. A person is also guilty of commercial bribery if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal or criticism.
III. (a) Commercial bribery is:
(1) A class A felony if the value of the benefit referred to in paragraphs I and II is more than $1,500;
(2) A class B felony if the value of the benefit referred to in paragraphs I and II is more than $1,000, but is not more than $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.

Legislative History

1971, 518:1. 1979, 265:3-5. 2010, 239:6, eff. July 1, 2010.