cdTOCtest

Rather, the board simply “gives res judicata effect to the
findings at the disciplinary proceedings.

In re Scioscia, 216 N.J. Super. 644 (App. Div.), certif.
denied, 107 N.J. 652 (1987). Petitioner, the manager
and part owner of a solid waste disposal firm, was
convicted of price rigging and other offenses. In response,
the Board of Public Utilities issued an order prohibiting
petitioner from participating in the solid waste business.
Held: The exclusion of petitioner from the solid waste
business is comparable to the revocation of a license to
engage in a particular profession or occupation and is not
subject to constitutional attack.

BRIBERY AND CORRUPTBRIBERY AND CORRUPTBRIBERY AND CORRUPTBRIBERY AND CORRUPTBRIBERY AND CORRUPT

INFLUENCESINFLUENCESINFLUENCES INFLUENCESINFLUENCES(See also, FRAUD (COM-

MERCIAL BRIBERY); MISCONDUCT IN

OFFICE; THEFT; PERJURY AND

FALSIFICATION, this Digest)

I. BRIBERY (N.J.S.A. 2C:27-2)

A. Elements

Directly or indirectly offering, conferring or agreeing

to confer upon another, or soliciting, accepting or

agreeing to accept from another, any benefit as

consideration for:

a. a decision, opinion, recommendation, vote or

exercise of discretion of a public servant, party official or

voter on any public issue or in any public election

(N.J.S.A. 2C:27-2a);

b. a decision, vote, recommendation or exercise of

official discretion in a judicial or administrative

proceeding (N.J.S.A. 2C:27-2b);

c. a violation of an official duty of a public servant or

party official (N.J.S.A. 2C:27-2c); or

d. the performance of official duties (N.J.S.A. 2C:27-

2d).

While penal statutes must be strictly construed,

strict construction does not prevent the statute’s being

read in relation to the evil sought to be eradicated or from

giving effect to the terms of the statute which will accord

with their fair and natural meaning. By enacting the

bribery statute, the Legislature intended to proscribe

conduct which denigrates the integrity of our public

institutions. State v. Schenkolewski, 301 N.J. Super. 115,

139 (App. Div. 1997), certif. denied, 151 N.J. 77 (1997).

B. Definitions and Related Issues

1. Offering or Conferring or Agreeing to Confer,
   Soliciting, Accepting, or Agreeing to Accept.

The broad language of subsection (d) expanded the

common law definition of bribery with respect to the

kinds of governmental action to which bribery relates.

The giving of a benefit in exchange for even a lawful,

required action is made criminal under the Code.

Cannel, Criminal Code Annotated, (Gann 2000),

Comment 2C:27-2, §3 at 650. Under the common law,