OUJI-CR 3-16

BRIBERY - DEFINITIONS

Bribe - The term "bribe" signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, asked, given or accepted with a corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or opinion, in any public or official capacity.

Reference: 21 O.S. 1991, § 97.

Corrupt Intent -- A wrongful intent to obtain money or other benefit.

Reference: 21 O.S. 1991, § 94.

Person - A human being; may, where appropriate, include a corporation.

Reference: 21 O.S. 1991, § 105.

Property - Property includes:

(a) Real Property - Every estate, interest, and right in lands including structures or objects permanently attached to the land;

(b) Personal Property - Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right or title to property.

References: 21 O.S. 1991, §§ 102, 103, 104.

Public Employee - A person who, after election or appointment, whether or not he/she has taken his/her seat, is:

(a) An executive, legislative, judicial, county, or municipal officer; or

(b) An employee of the State of Oklahoma or any county, city, or other political subdivision, including peace officers and other law enforcement officers.

References: Wilkins v. State, 70 Okl. Cr. 1, 104 P.2d 289 (1940); State v. Sowards, 64 Okl. Cr. 430, 82 P.2d 324 (1938); 21 O.S. 1991, § 381.

Public Officer - A person, acting in executive, legislative, or judicial capacity, who is elected or appointed, with authority or duty given to him by law, exercising functions concerning the public or for public benefit, and who, in doing so, is vested with some portion of the sovereign power of the State.

References: State v. Evans, 319 P.2d 1112 (Okl. 1957); State v. Sowards, 64 Okl. Cr. 430, 82 P.2d 324 (1938); Allen v. State, 63 Okl. Cr. 16, 72 P.2d 516 (1937); 21 O.S. 1991, §§ 265, 381.