GA Code § 16-10-4 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 10 - Offenses Against Public Administration|Article 1 - Abuse of Governmental Office|§ 16-10-4. Influencing of Legislative Action by State and Local Government Officers or Employees

  Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.   Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he or she is an officer or employee shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.    (Ga. L. 1959, p. 34, § 1; Ga. L. 1964, p. 261, § 1; Code 1933, § 26-2304, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2010, p. 1173, § 24/SB 17.)   Cross references.   - Lobbying, T. 28, C. 7 and T. 21, C. 5, Art. 4.   Editor's notes.   - Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"   Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.   JUDICIAL DECISIONS    Offense under former Code 1933, § 26-2304(b) (see now O.C.G.A. § 16-10-4(b)) was a species of bribery, regardless of the label used by the General Assembly. Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972).    Former Code 1933, § 26-2304(b) (see now O.C.G.A. § 16-10-4(b)) was an offense within provisions of 18 U.S.C. § 2516(2). Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972).    Distinction between §§ 16-10-2 and 16-10-4. - Meaning of the offense set forth in former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2(a)(2)) was dependent upon language of paragraph (a)(1) of that section with respect to purpose for which person "solicits or receives" and was thus restricted to "influencing him in performance of any act related to functions of his office or employment" whereas former Code 1933, § 26-2304 (see now O.C.G.A. § 16-10-4) included solicitation for sale of influence by perpetrating officer or employee, who might or might not be a member of the legislative body, on others, members of the legislative body, to assure passage or defeat of legislation. Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972).    Former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2) was restricted to bribes to influence an official in performance of any act related to functions of the official's office or the official's employment, whereas former Code 1933, § 26-2304(b) (see now O.C.G.A. § 16-10-4(b)) included sale of official's influence on others who are members of a legislative body. Ansley v. Stynchcombe, 480 F.2d 437 (5th Cir. 1973).    Conviction under § 16-10-4 not necessarily inconsistent with acquittal under § 16-10-2. - From standpoint of conviction and acquittal, acquittal on count under former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2) was not, as a matter of law, inconsistent and repugnant to simultaneous conviction on count under former Code 1933, § 26-2304 (see now O.C.G.A. § 16-10-4). Ansley v. State, 124 Ga. App. 670, 185 S.E.2d 562 (1971), cert. denied, 408 U.S. 929, 92 S. Ct. 2503, 33 L. Ed. 2d 341 (1972).    Cited in Koehler v. Massell, 229 Ga. 359, 191 S.E.2d 830 (1972).   RESEARCH REFERENCES   Am. Jur. 2d.   - 12 Am. Jur. 2d, Bribery, §§ 7, 8.   C.J.S.   - 11 C.J.S., Bribery, § 9.   ALR.    - Agreement to use one's influence to have punishment for crime mitigated as contrary to public policy, 24 A.L.R. 1453.   Furnishing public official with meals, lodging, or travel, or receipt of such benefits, as bribery, 67 A.L.R.3d 1231.   Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.   Who is a public official within meaning of federal statute punishing bribery of a public official (18 USCA § 201), 161 A.L.R. Fed. 491.