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Jeff 15
bribing or giving gratuities to public officials or sworn witnesses is not allowed. Bribery is the greater offense because it involves corrupt intent. To be guilty of corrupt intent, a party must intend to influence an official act or intend to influence a public official to commit or allow any fraud against the United Jeffs or intend to induce a public official to act in violation of his lawful duty. However, the intent required for prosecution for payment or receipt of a simple gratuity involves merely payments or gifts made to an officials or witnesses because of their authority or position. The prosecutor need not relate the payment to any specific identifiable official acts performed. Therefore, evidence resulting in bribery acquittals can be sufficient for gratuity convictions. The crime of either bribery or gratuity is complete when the donor offers to pay the witness or official; acceptance of illegal payment is established when the witness or official solicits, takes,
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