New Jersey Section 2C:27-11 – Offer of unlawful benefit to public servant for official behavior.

New Jersey Law Says It’s Illegal to Bribe Public Officials (Even If You Don’t Think It’s Technically a “Bribe”)

New Jersey has a law, Section 2C:27-11 of the criminal code, that makes it illegal to offer any kind of benefit to a public official in exchange for them doing something in their official capacity. This is essentially New Jersey’s anti-bribery law.

But here’s the thing—the law is actually worded much more broadly than just prohibiting straight-up “bribery.” It bans providing “any benefit” to a public servant in order to influence their official behavior. So even if you don’t think you’re outright bribing someone, offering them any kind of advantage or gain could potentially violate this statute if it’s intended to sway their official actions.

The law states:

“A person commits a crime if the person offers, confers or agrees to confer any benefit upon a public servant as consideration for the public servant’s decision, opinion, recommendation, vote or exercise of discretion in a judicial or administrative proceeding.”

See, it doesn’t just say “bribe.” It prohibits offering “any benefit.” That’s key.

What Exactly Does “Benefit” Mean Here?

The law provides a pretty expansive definition of “benefit.” It says a benefit is:

“Gain or advantage, or anything regarded by the beneficiary as gain or advantage, including a pecuniary benefit or a benefit to any other person or entity in whose welfare the beneficiary is interested.”

So basically anything—money, gifts, business opportunities, favors, etc.—that the public official views as an advantage or gain for themselves or someone/something they care about.

The law is clearly aimed at stopping any attempt to sway public officials’ actions through providing them benefits, even if it’s not an outright bribe.

Some Examples That Could Violate This Law:

• A business offers a government contract administrator tickets to a sporting event in hopes of influencing the awarding of a contract.
• A lobbyist provides a free vacation to a legislator in exchange for their support on a bill.
• A defendant’s family member gives a judge a Christmas gift in hopes of getting leniency in an upcoming case.
• A company provides a public utility commissioner with stock in exchange for a favorable regulatory ruling.
• A real estate developer offers a mayor an ownership stake in a project in exchange for fast-tracking permits.

Even if the people in these examples don’t think they’re participating in a “bribe” per se, they’re still conferring benefits with the intent of influencing official behavior, which could violate 2C:27-11.

It Doesn’t Matter If the Official Actually Carries Out the Intended Actions

Here’s another key point—the law prohibits offering benefits in exchange for official acts, even if the official never actually follows through on what was requested.

So if you offer a public servant tickets to a game in hopes they’ll support your building permit, you likely violated this law even if they ultimately don’t approve the permit or take any official action. Just the offer itself is illegal.

No Need to Actually Pay the Bribe

Additionally, the law bars “offering” or “agreeing to confer” benefits—it doesn’t require that any money or gifts actually change hands.

So if you promise a zoning board member a cash payment if they vote a certain way, you probably broke the law—even if you never actually pay them anything. Just agreeing to provide that improper benefit is enough.

Penalties Can Be Severe

A violation of 2C:27-11 is a second-degree crime under New Jersey law if the benefit offered exceeds $200 in value. Second-degree crimes can be punishable by 5-10 years in state prison and fines up to $150,000.

Even offering benefits valued at $200 or less violates the law and constitutes a third-degree crime. That still carries potential prison time of 3-5 years and fines up to $15,000.

So prosecutors and courts tend to take these offenses very seriously. Substantial fines and jail time are common punishments.

Bottom Line

This New Jersey statute clearly aims to root out any attempts to improperly influence public officials through providing them benefits, even if it falls short of outright bribery. Any offer of gain or advantage intended to sway a public servant could potentially violate the law and lead to stiff criminal penalties.

The law is worded broadly to include even subtle attempts to curry favor with public officials through gifts, money, business deals, or other benefits. So this is an area to be careful about—if you’re ever thinking of providing something of value to a public servant, be sure there’s no way it could be construed as an attempt to influence their official actions. Otherwise you could be looking at felony charges.

When dealing with public officials, it’s always safest to avoid providing any benefits that are aimed at impacting their decision-making. Assume that any attempt to influence them through outside advantages could be illegal, even if you believe it falls short of actual bribery. It’s not worth facing prosecution.

So if you’re ever tempted to provide a public servant any sort of gain or advantage in hopes of swaying their behavior, think twice. Simply put: don’t try to improperly influence public officials, in any way, shape or form. It’s risky business. Follow the law and let public servants do their jobs free of any improper benefits or pressure. That’s the safest way for all involved.