The Crime of Bribery in New Mexico: An Overview

The Crime of Bribery in New Mexico: An Overview

Bribery laws in New Mexico, like in other states, make it illegal to offer, give, solicit, or receive money or other benefits in exchange for official actions or influence. It’s a pretty big problem here. This article will give a helpful overview of the crime of bribery under New Mexico law–what it is, what the penalties are, and what defenses you can use if accused.

What is Bribery Under New Mexico Law?

The main bribery law in New Mexico is Section 30-24-1 of the criminal code. It says bribery happens when:

• A public official directly or indirectly requests or receives money or other benefits, or accepts a promise, in exchange for performing or not performing an official act
• Someone gives or promises money or other benefits to a public official to influence their official actions

There’s also a law against public officials demanding bribes in Section 30-24-2. So just asking for a bribe, even if you don’t get it, is illegal.

Bribery charges can also fall under other laws like fraud, extortion, or ethics rules. But the criminal bribery laws are the main ones used to prosecute it.

Who Can Be Charged with Bribery?

Both the person paying the bribe (the “bribe giver”) and the person receiving it (the “bribe receiver”) can be charged. Bribe givers are often charged with “bribery of a public official.” Bribe receivers are charged with “accepting a bribe.”

The bribe receiver must be a “public official.” This includes pretty much any government employee or elected official at any level–local, state, or federal. Judges, police, inspectors, clerks, etc.–they can all be charged if involved in bribery.

What Kind of Benefits Qualify as Bribes?

A bribe can be anything of value, like:

• Money
• Gifts
• Trips
• Event tickets
• Meals
• Services
• Discounts
• Loans
• Favors

It doesn’t matter how big or small the bribe is–there’s no minimum amount. Even a $20 gift card could be considered a bribe if given to influence an official.

Bribery Penalties and Punishments in New Mexico

Bribery is a felony in New Mexico. Penalties depend on the value of the bribe:

• Bribes up to $750 – Up to 18 months in jail and/or up to $5,000 in fines
• Bribes between $750 and $2,500 – Up to 3 years in jail and/or up to $5,000 in fines
• Bribes over $2,500 – Up to 9 years in jail and/or up to $10,000 in fines

Higher bribes can lead to more prison time. Fines may also be higher. For example, bribing a public official with over $50,000 could result in up to 15 years in prison.

Public officials convicted of taking bribes also face losing their jobs, pensions, and benefits. They may be barred from working in government again. Fines and asset forfeiture are common too.

Defenses to Bribery Charges

There are several legal defenses that can be raised if you’re accused of bribery:

• You didn’t intend to bribe – If there’s no clear “quid pro quo” (this for that), you may argue you were just giving an innocent gift or donation, not a bribe.
• Entrapment – You can argue you were illegally induced or coerced into committing bribery by overzealous law enforcement.
• Duress – You felt threatened or coerced by outside forces into offering or accepting a bribe.
• You took steps to stop it – If you accepted a bribe then promptly reported it, this can help show you didn’t intend to keep it.

An experienced criminal defense lawyer can evaluate the evidence against you and decide what defenses to pursue. Don’t try to talk your way out of it alone.

Recent Bribery Cases and Investigations in New Mexico

Some notable bribery cases in New Mexico include:

• In 2022, the former Bernalillo county manager was sentenced to nearly 5 years in prison for taking over $630,000 in bribes from contractors.
• In 2020, an Albuquerque city councilor was charged with bribery for allegedly accepting $5,000 cash to help a developer.
• In 2015, former New Mexico secretary of state Dianna Duran was convicted of embezzling campaign funds.

These cases show bribery unfortunately occurs at all levels of government in New Mexico. Officials entrusted to serve the public instead serve themselves.

How to Report Suspected Bribery

If you suspect bribery or public corruption, you can report it to these agencies:

• New Mexico Attorney General’s Office
• FBI Public Corruption Hotline
• NM State Ethics Commission
• NM Office of the State Auditor

You can report anonymously. But giving your name can help investigators follow up. False allegations can lead to defamation claims, so only report good-faith suspicions.

Conclusion

Bribery corrodes public trust and must be rooted out. But accusations can also ruin reputations. This overview of New Mexico bribery laws shows what conduct is illegal, the consequences if convicted, and how to get help if accused.

The crime of bribery is a big problem here in New Mexico. I hope this article gives helpful info for dealing with it. Let me know if you have any other questions!

References

[1] New Mexico Statutes Section 30-24-1 (2021) – Bribery of public officer or public employee.
[2] 2021 New Mexico Statutes Chapter 30 – Criminal Offenses Article 24 – Bribery Section 30-24-2 – Demanding or receiving bribe by public officer or public employee.
[3] Can You Be Arrested for Bribery? – New Mexico Criminal Law Offices
[4] Mexico – Global bribery offenses guide – DLA Piper
[5] Section 30-24-2 – Demanding or receiving bribe by public officer or public employee, N.M. Stat. § 30-24-2
[6] Ethics and Public Corruption Laws: Penalties – National Conference of State Legislatures