TITLE LXII
CRIMINAL CODE

Chapter 640
CORRUPT PRACTICES

Section 640:1

    640:1 Scope of Chapter. – Nothing in this chapter shall be construed to prohibit the giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign, or the giving or receiving of any other thing exempt from the prohibition on gifts pursuant to RSA 15-B. No person shall be convicted of an offense solely on the evidence that a campaign contribution, or any other thing exempt from the prohibition on gifts pursuant to RSA 15-B was made to a public official, and that a vote, an appointment, or a nomination was subsequently made by the person to whose campaign or political party the contribution was made or who received the thing exempt from the prohibition on gifts pursuant to RSA 15-B.

Source. 1971, 518:1. 2007, 354:1, eff. Sept. 15, 2007.

Section 640:2

    640:2 Bribery in Official and Political Matters. –
I. A person is guilty of a class B felony if:
(a) He promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or voter; or
(b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).
II. As used in this section and other sections of this chapter, the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
(b) "Party official" means any person holding any post in a political party whether by election, appointment or otherwise.
(c) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 640:3

    640:3 Improper Influence. –
I. A person is guilty of a class B felony if he:
(a) Threatens any harm to a public servant, party official or voter with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise of discretion; or
(b) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, argument or other communication with the purpose of influencing that discretion on the basis of considerations other than those authorized by law; or
(c) Being a public servant or party official, fails to report to a law enforcement officer conduct designed to influence him in violation of subparagraph (a) or (b) hereof.
II. "Harm" means any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter is interested, provided that harm shall not be construed to include the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.

Source. 1971, 518:1. 2006, 43:1, eff. Jan. 1, 2007.

Section 640:4

    640:4 Compensation for Past Action. –
A person is guilty of a misdemeanor if:
I. Being a public servant, he solicits, accepts or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised his discretion, or for having violated his duty; or
II. He promises, offers or gives any pecuniary benefit, acceptance of which would be a violation of paragraph I.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 640:5

    640:5 Gifts to Public Servants. –
A person is guilty of a misdemeanor if:
I. Being a public servant he solicits, accepts or agrees to accept any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or the governmental body with which he is affiliated; or
II. He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph I.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 640:6

    640:6 Compensation for Services. –
A person is guilty of a misdemeanor if:
I. Being a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit in return for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise; or
II. He gives, offers or promises any pecuniary benefit, knowing that it is prohibited by paragraph I.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 640:7

    640:7 Purchase of Public Office. –
A person is guilty of a misdemeanor if:
I. He solicits, accepts or agrees to accept, for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval or disapproval of any person for a position as a public servant or for the advancement of any public servant; or
II. He knowingly gives, offers or promises any pecuniary benefit prohibited by paragraph I.

Source. 1971, 518:1, eff. Nov. 1, 1973.