Bribery for Violation of Duty; Defined and Punished

(a) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty or fidelity to which he is subject as: (1) agent or employee of another; (2) trustee, guardian, or other fiduciary; (3) lawyer, physician, accountant, appraiser, or other professional adviser or informant; (4) officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or (5) arbitrator or other purportedly disinterested adjudicator or referee. (b) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism. (c) A person commits a misdemeanor if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this Section. SOURCE: G.P.C. § 653(c); cf. § 641; *M.P.C. § 224.8; Cal. §§ 1480-148(1971); Mass. ch. 266, §§ 34-35; N.J. § 2C:21-10. COMMENT: Section 46.45 is generally new, but follows Model Penal Code § 224.8. This Section makes a misdemeanor what is commonly known as “commercial bribery” and “commercial influence peddling”. Governmental bribery and governmental influence peddling are covered by Chapter 49. In principle, all relations which are recognized in society as involving special concern should be kept secure from the corrupting influence of bribery. For example, a lawyer, physician or appraiser who accepts a bribe to betray the confidence of his client or impartiality of his opinion should be subject to prosecution.