A bribe is offering or asking another person for money (or something of value). In exchange, that person would take – or not take – a certain action.
Merely offering or soliciting a bribe can be a felony in Nevada. It does not matter if the bribe is ultimately rejected. If someone tries to bribe you – and you accept – you face bribery charges as well.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Types of Bribery
- 2. Bribery vs. Extortion
- 3. Penalties
- 4. Immigration
- 5. Record Sealing
- Additional Reading
1. Types of Bribery
Nevada subdivides bribery into five specific offenses. Which offense applies depends on whether the people being bribed are public officials or judicial officers or whether the bribe concerns a business or sporting event.1
Bribery can be a misdemeanor or felony depending on the case.
Commercial and Business Bribery
Commercial bribery (NRS 207.295) occurs when an employee is offered or accepts a benefit in exchange for making a business decision without the boss’s permission.
Example: Jack works at a car wash. The owner of a rival car wash offers Jack $500 to advise customers to go to the rival instead. Even if Jack does not accept, the owner can be convicted of commercial bribery. He offered an employee a favor in exchange for hurting the company.
Witness Bribery
Witness bribery (NRS 199.240 – .250) is when you offer a favor to a witness in a judicial proceeding, or vice versa, in order to influence the testimony.
Example: Becky is a witness in a car crash trial. Becky contacts the defendant. She offers to testify that the plaintiff was at fault in exchange for $10,000. Even if the defendant does not accept, Becky can be convicted of witness bribery.
Judicial Bribery
Judicial bribery (NRS 199.010 – .030) is when you offer a favor to a judge or juror, or vice versa, to influence the court proceeding.
Example: A juror in a murder trial receives a letter from the defendant’s brother. It is an offer of $10,000 in exchange for voting not guilty. The brother committed judicial bribery by making the offer. If the juror accepts, the juror could be convicted also.
Public Official Bribery
Public official bribery (NRS 197.010 – .040) is when you offer a favor to a public official, or vice versa, to influence official business.
Example: A county commissioner is the deciding vote on a major initiative. She receives an anonymous offer of $10,000 in exchange for voting against the plan. If she accepts, the commissioner could face bribery charges. The anonymous party faces bribery charges whether or not the commissioner accepts.
Sports Bribery
Sports bribery (NRS 207.290) is accepting or soliciting a favor in exchange for influencing a sporting event.
Example: Jack wants his son’s basketball team to win. Jack offers the rival team’s coach $10,000 to bench the best players. Jack is committing sports bribery by making the offer. If the coach accepts, he too faces bribery charges. It does not matter if the rival team happens to win anyway.
2. Bribery vs. Extortion
Bribery is offering to help someone in exchange for a favor. Extortion (NRS 205.320) is more sinister: It is threatening to harm someone unless they do something. Extortion is also called blackmail:
Example: Henry is getting ready for his child custody trial, where his child’s babysitter Sheila is a witness. Henry offers Sheila $1,000 to testify that his estranged wife is an abusive mother. When Sheila refuses, Henry threatens to burn down her house unless she agrees.
Here, Henry committed witness bribery by offering Sheila money to influence her testimony. Then Henry committed extortion when he threatened to harm her unless she gave certain testimony.
Extortion is punished more harshly than bribery. As discussed below, bribery is usually a category C felony while extortion is always a category B felony.
3. Penalties
Nevada’s punishment for bribery depends on the specific conviction:
|
Nevada Bribery Offense |
Penalties |
| Commercial (NRS 207.295) | Misdemeanor: Up to 6 months in jail, and/or $1,000 |
| Witnesses (NRS 199.240; NRS 199.250) |
Bribery of a witness Category C felony: 1 – 10 years in Nevada State Prison and up to $50,000 |
|
Bribery by a witness Category C felony: 1 – 10 years in prison and up to $10,000 |
|
| Judges and jurors (NRS 199.010; NRS 199.020; NRS 199.030) | Category C felony: 1 – 5 years in prison and up to $10,000 |
| Executive, administrative, or public officers (NRS 197.010; NRS 197.020; NRS 197.030; NRS 197.040) | Category C felony: 1 – 5 years in prison and up to $10,000 |
| Sports (NRS 207.290) | Category C felony: 1 – 5 years in prison and up to $10,000 |
Bribery charges may be difficult for prosecutors to prove. This is especially true if there are no recordings of or eyewitnesses to the bribe.
4. Immigration
Bribery may or may not be deportable. It depends on the offense.2
So, non-citizens charged with bribery should hire an attorney immediately. It may be possible to get the charge plea-bargained to a non-deportable charge.
5. Record Sealing
Bribery cases show up on background checks, but they are sealable.
Dismissed cases can be sealed immediately. For misdemeanor convictions, there is a waiting period of one year after the case ends. For category C felony convictions, it is five years after the case ends.3
Learn how to seal Nevada criminal records.
Offering a bribe is a crime even if it is refused.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- The Crucial Corrupt Intent Element in Federal Bribery Laws – California Western Law Review.
- The Elusive Distinction between Bribery and Extortion: From the Common Law to the Hobbs Act – UCLA Law Review.
- Criminal Corruption: Why Broad Definitions of Bribery Make Things Worse – Fordham Law Review.
- Bribery as a Form of Criminal Wrongdoing – Law Quarterly Review.
- Theory, History, and Practice of the Bribery-Extortion Distinction – University of Pennsylvania Law Review.
Legal References
- See, for example, Johnson v. State (Nev. 2019) .
- See, for example, Okabe v. INS (5th Cir. 1982) 671 F.2d 863.
- NRS 179.245. NRS 179.255.