Apparently, a police dept. is NOT included in the definition of "Public Official". I was in the towing industry for over 20 yrs, 12 as the owner of a towing service. The city Police Dept I towed for recieved a "cut" of ALL tows ordered by said police dept.(obviously, by their own rules) The general public frequently complained that we were charging too much for towing their vehicle, but when explaining how the police dept. get a portion of their monies........ I'm unaware of ANYONE ever complaining to the police that they were a rip-off for taking money out of their pockets. Interestingly, many times i got calls from the police dept., explaining it was ahard luck case........ and could we cut the citizen a break on the cost of the tow, but never, and i mean NEVER did the police dept. offer to not collect their cut.
Read the last paragraph of the information below which list New Hampshire as a state that frown on public officals receiving money.
Bribery
Bribery includes official bribery, which refers to the corruption of a public official, and commercial bribery, which refers to the corruption of a private individual to gain a commercial or business advantage. The elements of official bribery vary by jurisdiction, but generally are:
giving or receiving ...
a thing of value ...
to influence ...
an official act.
The thing of value isn't limited to cash or money. Courts have held that such things as lavish gifts and entertainment, payment of travel and lodging expenses, payment of credit card bills, "loans," promises of future employment, and interests in business can be bribes if they were given or received with the intent to influence or be influenced. Some state statutes might distinguish between felonies or misdemeanors according to the amount of illegal payment.
Proof of corrupt influence often involves demonstration that the person receiving the bribe favored the bribe-payer in some improper or unusual way, such as by providing preferential treatment, bending or breaking the rules, taking extraordinary steps to assist the bribe-payer, or allowing the bribe-payer to defraud the agency or company. It isn't necessary, however, that the prosecution or plaintiff demonstrate that the bribe-taker acted improperly; a bribe might be paid to induce an official to perform an act that otherwise would be legal, or an act that the official might have performed without a bribe. Bribery schemes involving these circumstances, however, are difficult to prove and lack appeal for prosecution.
Illegal Gratuity
An illegal gratuity is a lesser-included offense of official bribery. The elements of an illegal gratuity are:
giving or receiving ...
a thing of value ...
for or because of ...
an official act.
An illegal gratuity charge doesn't require proof of intent to influence. The statute prohibits a public official from accepting any payment of money or other thing of value other than his lawful compensation. In practice, the statute often is applied when relatively small payments - such as gifts or entertainment - are used to attempt to influence a public official.
Commercial Bribery
Commercial bribery may be prosecuted either as a criminal act or by a civil action. About half of the states have criminal statutes that prohibit commercial bribery. If a state doesn't have a commercial bribery statute, such schemes usually can be prosecuted under criminal fraud statutes on the theory that the payment of a commercial bribe defrauds the business owner of the right to an employee's unbiased and loyal services.
There is no federal statute prohibiting commercial bribery. However, such offenses may be prosecuted at the federal level as mail or wire fraud, or RICO or other violations. The elements of commercial bribery vary by jurisdiction, but typically include:
giving or receiving ...
a thing of value ...
to influence ...
a business decision ...
without the knowledge or consent of the principal.
The fifth element is included on the theory that a private business owner isn't defrauded if the owner knows of or allows employees to accept gifts, favors, or other payments from vendors or other business contacts.
Most state commercial bribery statutes are misdemeanors punishable by a jail term of not more than one year. Commer-cial bribery is a felony in Colorado, Kansas, Texas, Arizona (if the value of the bribe payment is $100 or more), and New Hampshire (if the value of the bribe is $500 or more). The New York commercial bribery law is a typical stature that makes it a misdemeanor to give or receive (or to offer or solicit) "any benefit" without the consent of the employer, with the intent of influencing the employee's business conduct. The Louisiana, Michigan, and New Jersey commercial bribery statutes confer immunity on the party to the scheme who first agrees to testify against the other party in a criminal proceeding.