(a) A person commits the offense of abuse of public trust if the person:
(1) Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office;
(2) Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section;
(3) Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having given as a public servant, or as a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, a decision, opinion, recommendation, or vote favorable to another person or for having otherwise exercised his or her discretion in favor of another person; or
(4) Offers, confers, or agrees to confer any benefit upon a public servant, or a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and the receipt of the benefit is prohibited by this section.
(b) It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote, or use of discretion, except for the benefit, was otherwise proper.
(c) Abuse of public trust is a:
(1) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(2) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(3) Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or
(4) Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.
Structure Arkansas Code