ARTICLE 34. BRIBERY AND CORRUPTION. SECTION 370. Definition of jurors. 371. Bribery of a judicial officer. 372. Officer accepting bribe. 373. Juror, arbitrator or referee promising verdict. 374. Juror or person authorized to hear or determine accepting bribes. 375. Liability of trial juror for taking gift or gratuity. 376. Embracery. 377. Liability of embraceor procuring trial juror to take gain or profit. 378. Bribing certain public officers. 379. Bribery of witnesses. 380. Bribery of labor representatives. 381. Offender a competent witness. $370. Definition of jurors. The word "juror" as used in this article includes a talesman, and extends to jurors in all courts, whether of record or not of record, and in special proceedings, and before any officer authorized to impanel a jury in any case or proceeding. Derivation: Penal Code, § 81. 371. Bribery of a judicial officer. A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a judicial officer, juror, referee, arbitrator, appraiser or assessor, or other person authorized by law to hear or determine any question, matter, case, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. Derivation: Penal Code, § 71. People v. Jaehne (1886), 103 N. Y. 190, 4 N. Y. Cr. 478, aff'd 128 U. S. 189, 6 N. Y. Cr. 237; People v. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 45 Hun, 460; People v. Winant (1898), 24 Misc. 361, 53 N. Y. Supp. 695; People v. Acritelli (1908), 57 Misc. 574, 589, 110 N. Y. Supp. 430; Klugman's Case, 49 How. Pr. 484; People v. Ah Fooh, 62 Cal. 493; see also State v. Ellis, 33 N. J. L. 102; State v. Carpenter, 20 Vt. 9. $372. Officer accepting bribe. A judicial officer, a person who executes any of the functions of a public office not designated in articles one hundred and twenty-four and one hundred and seventy and in section twentythree hundred and twenty of this chapter, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state. Derivation: Penal Code, § 72. People v. Jaehne (1886), 103 N. Y. 182, 4 N. Y. Cr. 478, 128 U. S. 189, 6 N. Y. Cr. 239; People v. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 45 Hun, 460; People v. Willis (1898), 24 Misc. 537, 54 N. Y. Supp. 129, 13 N. Y. Cr. 343; People v. Bissert (1902), 71 App. Div. 118, 135, 75 N. Y. Supp. 630; People v. Jensen (1904), 99 App. Div. 355, 360, 90 N. Y. Supp. 1062, 19 N. Y. Cr. 7; People ex rel. Dickenson v. Van De Carr (1903), 87 App. Div. 386, 387, 84 N. Y. Supp. 461, 18 N. Y. Cr. 32. 33; People v. Acritelli (1908), 57 Misc. 574, 110 N. Y. Supp. 430; People v. Gibson (1908), 191 N. Y. 227, aff'g 122 App. Div. 69, 106 N. Y. Supp. 590, 21 N. Y. Cr. 425; People v. Jackson (1908), 191 N. Y. 293, 296, 121 App. Div. 858, 107 N. Y. Supp. 1141, rev'g 47 Misc. 60, 62, 95 N. Y. Supp. 286, 19 N. Y. Cr. 326; see also People v. Markham, 64 Cal. 157, 49 Am. Rep. 700. § 373. Juror, arbitrator or referee promising verdict. A juror or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who: 1. Makes any promise or agreement to give a verdict, judgment, report, award, or decision, for or against any party; or, 2. Wilfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon. the trial or hearing of that cause or matter, Is guilty of a misdemeanor. Derivation: Penal Code, § 73. People ex rel. Munsell v. Oyer and Terminer (1885), 36 Hun, 277, 3 N. Y Cr. 209, 101 N. Y. 245, 4 N. Y. Cr. 75. 374. Juror or person authorized to hear or determine accepting bribes. A juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision, shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, >r both. Derivation: Penal Code, § 74. People v. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 45 Hun, 460. § 375. Liability of trial juror for taking gift or gratuity. A person, drawn or notified to attend, as a trial juror, in an action, in a court of record, or not of record, or in a special proceeding before an officer, who takes any thing to render his verdict, or receives, from a party to the action or special proceeding, a gift or gratuity, forfeits ten times the sum, or ten times the value of that, which he took or received, to the party to the action or special proceeding, aggrieved thereby; and is also liable to that party, for his damages sustained thereby; besides being subject to the punishment, prescribed by law. Derivation: Code Civil Procedure, § 1193. § 376. Embracery. A person who influences or attempts to influence improperly, a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee, in respect to his verdict, judgment, report, award or decision in any cause or matter pending, or about to be brought before him, in any case, or in any manner not included in sections three hundred and seventy-three or three hundred and seventy-four, is guilty of a misdemeanor. Derivation: Penal Code, § 75. People v. Sellick (1886), 4 N. Y. Cr. 329; People v. Glen (1902), 173 N. Y. 395, 397, 402, aff'g 64 App. Div. 167, 71 N. Y. Supp. 893; see also Turner v. Bearsley, 19 Wend. 348; Gibbs v. Dewey, 5 Cow. 503; State v. Sales, 3 Nev. 269. § 377. Liability of embraceor procuring trial juror to take gain or profit. An embraceor, who procures a person, drawn or notified to attend, as a trial juror, to take gain or profit, contrary to section three hundred and seventy-five, forfeits ten times the sum, or ten times the value of that, which was so taken, to the party aggrieved thereby; and is also liable to that party for his damages sustained thereby; besides being subject to the punishment, prescribed by law. Derivation: Code Civ. Proc., § 1194. § 378. Bribing certain public officers. A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a person executing any of the functions of a public office, other than one of the officers or persons designated in articles one hundred and twenty-four, one hundred and seventy, and in sections three hundred and seventy-one and twenty-three hundred and twenty of this chapter, with intent to influence him in respect to any act, decision, vote, or other proceeding, in the exercise of his powers or functions, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. Derivation: Penal Code, § 78. People v. Jaehne (1886), 103 N. Y. 191, 4 N. Y. Cr. 478; People v. Sharp (1887), 107 N. Y. 427, 5 N. Y. Cr. 572, rev'g 5 N. Y. Cr. 388; People v. Richmond (1887), 107 N. Y. 427, 5 N. Y. Cr. 97; People v. Mills (1904), 91 App. Div. 331, 86 N. Y. Supp. 529, rev'd 178 N. Y. 274; People v. Jackson (1905), 47 Misc. 73, 95 N. Y. Supp. 286. $379. Bribery of witnesses. A person who is, or is about to be, a witness upon a trial, hearing, or other proceeding, before any court, or any officer authorized to hear evidence or take testimony, who receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, is guilty of a felony. Derivation: Penal Code, § 80. § 380. Bribery of labor representatives. A person who gives or offers to give any money or other things of value to any duly appointed representative of a labor organization with intent to influence him in respect to any of his acts, decisions, or other duties as such representative, or to induce him to prevent or cause a strike by the employees of any person or corporation, is guilty of a misdemeanor; and no person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial, for a violation of this section, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, doenmentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding. Derivation: Penal Code, § 447f, added L. 1904, ch. 659 § 381. Offender a competent witness. A person offending against any provision of any section of this chapter relating to bribery and corruption, is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution, or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution. Derivation: Penal Code, § 79. People v. Sharp (1887), 107 N. Y. 427, 5 N. Y. Cr. 572, rev'g 5 N. Y. Cr. 388; People v. Spencer (1892), 66 Hun, 149, 21 N. Y. Supp. 33; People v. Lewis (1895), 14 Misc. 266, 35 N. Y. Supp. 664, 11 N. Y. Cr. 212 70 S. R. 482. |