Bribery in New Jersey

N.J.S.A. 2C:27-2 · Offenses Against Public Administration

What the law says

A person commits bribery by directly or indirectly offering, conferring, or agreeing to confer a benefit, or soliciting, accepting, or agreeing to accept a benefit, as consideration for specified public, political, judicial, or administrative conduct. A “benefit as consideration” means a benefit not authorized by law.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:27-2, that means:

• The person directly or indirectly offers, confers, or agrees to confer a benefit upon another, or solicits, accepts, or agrees to accept a benefit from another.
• The benefit is consideration for a public servant’s, party official’s, or voter’s decision, opinion, recommendation, vote, or exercise of discretion on a public issue or in a public election.
• The benefit is consideration for a decision, vote, recommendation, or exercise of official discretion in a judicial or administrative proceeding.
• The benefit is consideration for a violation of an official duty of a public servant or party official.
• The benefit is consideration for the performance of official duties.
• The benefit as consideration is not authorized by law.

How the charge is graded

• Any offense proscribed by this section is a crime of the second degree.
• If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted is of the value of $200.00 or less, any offense proscribed by this section is a crime of the third degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• It is no defense 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, lacked jurisdiction, or for any other reason.
• In a prosecution of an actor who offered, conferred, or agreed to confer, or solicited, accepted, or agreed to accept a benefit, it is no defense that he did so as a result of conduct by another constituting theft by extortion or coercion or an attempt to commit either of those crimes.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Bribery charge.

Related charges

• Official Misconduct →
• Perjury →
• False Reports to Law Enforcement →
• Witness Tampering →
• Tampering with Physical Evidence →
• Obstructing Administration of Law →
• Resisting Arrest →
• Eluding a Police Officer →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.