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Home » US Law » 2022 West Virginia Code » Chapter 61. Crimes and Their Punishment » Article 5A. Bribery and Corrupt Practices

§61-5A-1. Short Title

This article shall be known and may be cited as the “Bribery and Corrupt Practices Act.”

§61-5A-10. Construction; Certain Other Code Provisions Not Affected; Article Not to Affect Offenses Committed Under Other Statutory Provisions

Under no circumstances whatever shall this article be construed as superseding or in any way affecting the provisions of (1) chapter three of this code dealing with bribery and other corrupt practices and criminal offenses in connection with elections, election officials, voters or voting in elections; (2) sections seventeen and eighteen, article two, chapter fifteen […]

§61-5A-11. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.

§61-5A-2. Definitions

The following words and phrases when used in this article shall have the meanings respectively ascribed to them in this section unless the context clearly requires a different meaning: (1) “Government” includes the state, the state or any county board of education, or any county or municipality of the state;

§61-5A-3. Bribery in Official and Political Matters

A person is guilty of bribery under the provisions of this section if he offers, confers or agrees to confer to or upon another, or solicits, accepts or agrees to accept from another, directly or indirectly: (1) Any pecuniary benefit as consideration for the recipient's official action as a public servant or party official; or

§61-5A-4. Unlawful Rewarding for Past Behavior

(a) It shall be unlawful for any person to solicit, accept or agree to accept, directly or indirectly, a pecuniary benefit for: (1) Having engaged in official action as a public servant; or

§61-5A-5. Threats in Official and Political Matters

It shall be unlawful for any person to threaten harm to another with intent to influence the official action of a public servant in a pending or prospective administrative or judicial proceeding before such public servant, or with intent to influence a public servant or party official to violate his legal duty as a public […]

§61-5A-6. Gifts or Gratuities to Public Servants Prohibited; Exceptions

(a) It shall be unlawful: (1) For any public servant in any department, agency, division, board, bureau or commission of government exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the government, or having custody of prisoners, to solicit, accept or agree to accept, directly or […]

§61-5A-7. Trading in Public Office

It shall be unlawful for any person to solicit, accept or agree to accept, or agree that any political party or political party committee or other person shall accept, or offer, confer or agree to confer, any pecuniary benefit as consideration for approval or disapproval by a public servant or party official of a person […]

§61-5A-8. Certain Matters Not to Constitute Defense

It shall be no defense to any prosecution under the provisions of section three or section five of this article that a person whom the actor sought to influence or otherwise affect or deal with was not qualified to act in the desired way, whether because he was a candidate for office, or had not […]