CHAPTER 552

An Act to amend the Code of Virginia by adding in Chapter 6 of Title 18.1
a new article numbered 2.1 containing sections numbered 18.1-282.1
through 18.1-282.4, relating, respectively, to definitions, certain acts
constituting bribery, certain grounds not defenses to charges thereof,
and penalties.

[S 483]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 6 of
Title 18.1 a new article numbered 2.1 containing sections numbered 18.1-
282.1 through 18.1-282.4, as follows:
Article 2.1
Bribery.

§ 18.1-282.1. The following words and phrases when used in this
Article shall have the meanings respectively ascribed to them in this sec-
tion except where the context clearly requires a different meaning:

(1) “benefits” means a gain or advantage, or anything regarded by
the beneficiary as a gain or advantage, including a benefit to any other
person or entity in whose welfare he is interested, but shall not mean an
advantage promised generally to a group or class of voters as a conse-
quence of public measures which a candidate engages to support or oppose;

(2) “party official’? means a person who holds an elective or appoin-
tive post in a political party in the United States by virtue of which he
directs or conducts, or participates in directing or conducting party affairs
at any level of responsibility ;

(3) “pecuniary benefit” means a benefit in the form of money, prop-
erty, commercial interest or anything else the primary significance of
which is economic gain;

(4) “public servant” means any officer or employee of this State or
any political subdivision thereof, including members of the General Assem-
bly and judges, and any person participating as a juror, advisor, con-
sultant or otherwise, in performing any governmental function; but the
term does not include witnesses;

(5) “administrative proceeding’? means any proceeding other than
a judicial proceeding, the outcome of which is required to be based on a
record or documentation prescribed by law including specifically, but not
limited to, proceedings before a planning commission and board of zoning
appeals.

§ 18.1-282.2. A person shall be guilty of bribery under the provi-
sions of this act:

(1) if he offers, confers or agrees to confer upon another (a) any
pecuniary benefit as consideration for or to obtain or influence the re-
cipient’s decision, opinion, recommendation, vote or other exercise of dis-
cretion as a public servant or party official or voter. or (b) any benefit as
consideration for or to obtain or influence either the recipient’s decision,
opinion, recommendation, vote or other exercise of official discretion in a
judicial or administrative proceeding or the recipient’s violation of a
known legal duty as a public servant or party official ; or

(2) if he accepts or agrees to accept from another (a) any pecuniary
benefit offered, conferred or agreed to be conferred as consideration for or
to obtain or influence the recipient’s decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party official or
voter, or (b) any benefit offered, conferred or agreed to be conferred as
consideration for or to obtain or influence either the recipient’s decision,
opinion, recommendation, vote or other exercise of official discretion in a
judicial or administrative proceeding or the recipient’s violation of a
known legal duty as a public servant or party official ; or

(3) if he solicits from another (a) any pecuniary benefit or prom-
ise of pecuniary benefit as consideration for or in exchange for his decision,
opinion, recommendation, vote or other exercise of discretion as a public
servant, party official or voter, or (b) any benefit or promise of benefit as
consideration for or in exchange for his decision, opinion, recommenda-
tion, vote or other exercise of official discretion in a judicial or adminis-
trative proceeding or his violation of a known legal duty as a public
servant or party official.

§ 18.1-282.3. It shall be no defense to any prosecution under § 18.1-
282.2 that a person whom the actor sought to influence 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. Also it shall be no defense to
a prosecution under § 18.1-282.2 that a resident of this State charged with
committing an act of bribery was temporarily absent from this State at
the time such act was committed, if such person thereafter returns to this
State. The provisions of § 18.1-280 shall be applicable to all prosecutions
under this article. ;

§ 18.1-282.4. Any person found guilty of bribery under the provi-
sions of this article shall be confined in the State penitentiary not less
than one nor more than ten years. A public servant found guilty of
bribery shall be confined in the State penitentiary not less than one nor
more than ten years, shall forfeit his public office and shall be forever in-
capable of holding any public office in this State.