New Brunswick New Jersey White Collar Criminal Defense Lawyer
The criminal defense attorneys at the Iler Law Firm represent individuals charged with bribery, check fraud, credit card fraud, and insurance fraud throughout New Jersey including in towns like Asbury Park, Colts Neck, Brielle, Sea Girt, Freehold, and Elizabeth, NJ. Please contact our Red Bank, NJ office for immediate assistance at 732-842-7787.
New Jersey Law on Political Corruption: N.J.S.A. 2C:27-10
One of the New Jersey statutes governing charges for political corruption is N.J.S.A. 2C:27-10 which provides:
§ 2C:27-10. Acceptance or receipt of unlawful benefit by public servant for official behavior
a. A public servant commits a crime if, under color of office and in connection with any official act performed or to be performed by the public servant, the public servant directly or indirectly, knowingly solicits, accepts or agrees to accept any benefit, whether the benefit inures to the public servant or another person, to influence the performance of an official duty or to commit a violation of an official duty.
b. A public servant commits a crime if, under color of office and in connection with any official act performed or to be performed by the public servant, the public servant directly or indirectly, knowingly receives any benefit, whether the benefit inures to the public servant or another person, to influence the performance of an official duty or to commit a violation of an official duty.
c. In addition to the definition set forth in N.J.S.A. 2C:27-1, "benefit" as used in this act includes any benefit from or by reason of a contract or agreement for goods, property or services if the contract or agreement is awarded, made or paid by the branch, subdivision, or agency of the government that employs the public servant.
d. The provisions of this section shall not apply to:
(1) Fees prescribed by law to be received by a public servant or any other benefit to which the public servant is otherwise legally entitled if these fees or benefits are received in the manner legally prescribed and not bartered for another benefit to influence the performance of an official duty or to commit a violation of an official duty;
(2) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the recipient if these gifts or benefits are within otherwise legally permissible limits and are not bartered for another benefit to influence the performance of an official duty or to commit a violation of an official duty; or
(3) Trivial benefits the receipt of which involve no risk that the public servant would perform official duties in a biased or partial manner.
e. An offense proscribed by this section is a crime of the second degree. If the benefit solicited, accepted, agreed to be accepted or received is of a value of $ 200.00 or less, any offense proscribed by this section is a crime of the third degree.
New Jersey Law on Official Misconduct: N.J.S.A. 2C:30-2
One of the New Jersey statutes which governs charges for official misconduct is N.J.S.A. 2C:30-2 which provides:
§ 2C:30-2. Official misconduct
A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $ 200.00 or less, the offense of official misconduct is a crime of the third degree.
