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Criminal Penalties for Public Corruption/Violations of State Ethics Laws

MINNESOTA This table is intended to provide general information and does not necessarily address all aspects of this topic. Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. Some states specify that violations of the state's ethics law are also violations of criminal law and impose penalties accordingly. Other states have statutes, in addition to or in place of ethics laws, which are in the state's penal or criminal codes and cover similar behaviors. In the table below, "EC" indicates statutes found in ethics code; "CC" or "PC" indicates statutes found in criminal code. http://www.ncsl.org/legislatures-elections/ethicshome/50-state-chart-criminal-penalties-forpublic-corr.aspx

Minnesota

-Bribery

CC 609.42

-Failure to pay over state funds. CC 609.445 -609.455 Permitting false claims against government -Misconduct of public officer or employee CC 609.43 involves failure to perform functions of job; CC 609.44 performing functions unlawfully; intentionally injures others under the color of official authority; making a false return, certificate, official report, or other like document. -Public office; illegally assuming; nonsurrender 609.42 BRIBERY.

Max 10 years; $20,000 Forfeiture of office Max 5 years; $10,000 Max 1 year; $3,000

Subdivision 1. Acts constituting. Whoever does any of the following is guilty of bribery and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both: (1) offers, gives, or promises to give, directly or indirectly, to any person who is a public officer or employee any benefit, reward or consideration to which the person is not legally entitled with intent thereby to influence the person's performance of the powers or duties as such officer or employee; or (2) being a public officer or employee, requests, receives or agrees to receive, directly or indirectly, any such benefit, reward or consideration upon the understanding that it will have such an influence; or (3) offers, gives, or promises to give, directly or indirectly any such benefit, reward, or

consideration to a person who is a witness or about to become a witness in a proceeding before a judicial or hearing officer, with intent that the person's testimony be influenced thereby, or that the person will not appear at the proceeding; or (4) as a person who is, or is about to become such witness requests, receives, or agrees to receive, directly or indirectly, any such benefit, reward, or consideration upon the understanding that the person's testimony will be so influenced, or that the person will not appear at the proceeding; or (5) accepts directly or indirectly a benefit, reward or consideration upon an agreement or understanding, express or implied, that the acceptor will refrain from giving information that may lead to the prosecution of a crime or purported crime or that the acceptor will abstain from, discontinue, or delay prosecution therefor, except in a case where a compromise is allowed by law. Subd. 2. Forfeiture of office. Any public officer who is convicted of violating or attempting to violate subdivision 1 shall forfeit the public officer's office and be forever disqualified from holding public office under the state. History: 1963 c 753 art 1 s 609.42; 1976 c 178 s 2; 1984 c 628 art 3 s 11; 1986 c 444 https://www.revisor.mn.gov/statutes/?id=609.42 609.445 FAILURE TO PAY OVER STATE FUNDS. Whoever receives money on behalf of or for the account of the state or any of its agencies or subdivisions and intentionally refuses or omits to pay the same to the state or its agency or subdivision entitled thereto, or to an officer or agent authorized to receive the same, may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. History: 1963 c 753 art 1 s 609.445; 1984 c 628 art 3 s 11; 1989 c 290 art 6 s 17 https://www.revisor.mn.gov/statutes/?id=609.445 609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE. A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both: (1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or (2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or (3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or (4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect. History: 1963 c 753 art 1 s 609.43; 1984 c 628 art 3 s 11; 1986 c 444 https://www.revisor.mn.gov/statutes/?id=609.43

609.44 PUBLIC OFFICE; ILLEGALLY ASSUMING; NONSURRENDER. Whoever intentionally and without lawful right thereto, exercises a function of a public office or, having held such office and the right thereto having ceased, refuses to surrender the office or its seal, books, papers, or other incidents to a successor or other authority entitled thereto may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. History: 1963 c 753 art 1 s 609.44; 1984 c 628 art 3 s 11; 1986 c 444 https://www.revisor.mn.gov/statutes/?id=609.44