THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.118 Public officer; accepting bribe. Sec. 118.
Public officer accepting bribe§Any executive, legislative or judicial officer who shall corruptly accept any gift or gratuity, or any promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding that his vote, opinion or judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity, he shall make any particular nomination or appointment, shall forfeit his office, and be forever disqualified to hold any public office, trust or appointment under the constitution or laws of this state, and shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.118 Former Law: See section 8 of Ch. 156 of R.S. 1846, being CL 1857, § 5827; CL 1871, § 7660; How., § 9242; CL 1897, § 11312; CL 1915, § 14979; and CL 1929, § 16570.
Understanding Michigan Law on Public Officers Accepting Bribes: Section 750.118 of the Michigan Penal Code Simplified
Section 750.118 of the Michigan Penal Code is concerned with the criminal act of a public officer accepting a bribe. Here's a simplified explanation:
Unlawful Actions:
- Any executive, legislative, or judicial officer who corruptly accepts any gift or gratuity, or any promise to make any gift or to do any act beneficial to them is breaking the law. This is only the case if the agreement or understanding is that the officer's vote, opinion, or judgment will be given in any particular way, or on a particular side of any question, cause, or proceeding that may be legally brought before them in their official capacity.
- It is also illegal if the officer accepts a bribe with the understanding that they will make a specific nomination or appointment in their official capacity.
Penalties:
- Public officers found guilty of accepting a bribe will forfeit their office and be permanently disqualified from holding any public office, trust, or appointment under the constitution or laws of the state.
- The person found guilty is also guilty of a felony and could be punished by imprisonment in the state prison for up to 10 years, or by a fine of up to $5,000.
The Importance of Understanding Section 750.118
This law is critical as it upholds the integrity of public officers, ensuring they carry out their duties without the influence of bribes. It helps maintain trust in the public system, discouraging corrupt practices by imposing severe penalties, including forfeiture of office, disqualification from future public positions, and the possibility of imprisonment or fines.