TITLE VIII. OF CRIMES AGAINST PUBLIC JUSTICE. CHAPTER I. Bribery and corruption. II. Rescues. III. Escapes and aiding therein. IV. Forging, stealing, mutilating and falsifying judicial V. Perjury and subornation of perjury. VI. Falsifying evidence. VII. Other offenses against public justice. CHAPTER I. BRIBERY AND CORRUPTION. SECTION 71. Bribery of a judicial officer. 73. Juror, &c., promising verdict. 75. Embracery. 76. Misconduct of officers at drawing of jurors. 77. Misconduct of officer having charge of juries. 78. Certain punishments. 79. Offender a competent witness &c. 80. Bribery of witnesses. 81. Definition of "jurors." a judicial § 71. A person who gives or offers, or causes to be given or Bribery of offered, a bribe, or any money, property, or value of any kind, officer. or any promise or agreement therefor, to a judicial officer, juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. § 72. A judicial officer, a person who executes any of officer acthe functions of a public office not designated in Titles bribe. cepting Juror, &c., promising verdict. accepting VI and VII of this Code, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision, or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state. § 73. A juror, or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who either, 1. Makes any promise or agreement to give a verdict, judgment, report, award, or decision, for or against any party; or 2. Willfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter; Is guilty of a misdemeanor. Juror, &c., § 74. A juror, referee, arbitrator, appraiser, or assessor, bribes. or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision, shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. Embracery. § 75. A person who influences or attempts to influence improperly, a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee, in respect to his verdict, judgment, report, award or decision in any cause or matter pending, or about to be brought before him, in any case, or in any manner not included in the last two sections, is guilty of a misdemeanor. duct of officers at § 76. A person authorized by law to assist at the draw- Miscon ing or impaneling of grand or trial jurors to attend a court, drawing of or a term of a court, or to try any cause or issue, who jurors. either 1. Designedly puts, or consents to the putting, upon a list of jurors as having been drawn, any name which was not lawfully drawn for that purpose; or 2. Designedly omits to place on such a list any name which was lawfully drawn; or 3. Designedly signs or certifies a list of such jurors as having been drawn which was not lawfully drawn; or 4. Designedly withdraws from the box, or other recepta cle for the ballots containing the names of such jurors, any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omits to place in such box or receptacle any name lawfully drawn or designated, or places in such box or receptacle a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or 5. In the drawing of such jurors, does any act which is unfair, partial, or improper in any other respect; Is guilty of a misdemeanor. But this section shall not apply to the city and county of New York or the county of Kings. duct of ing charge § 77. An officer to whose charge any juror is commit- Miscon ted by a court or magistrate, who negligently or willfully officer havpermits them, or any of them, without leave of the court of juries. or magistrate 1. To receive any communication from any person; 2. To make any communication to any person; 3. To obtain or receive any book or paper, or refreshment; or, Certain punishments Offender a compe ness, &c. 4. To leave the jury room, Is guilty of a misdemeanor. § 78. A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a person executing any of the functions of a public office, other than one of the officers or persons designated in Title VI, Title VII and § 71 of Title VIII of this Code, with intent to influence him in respect to any act, decision, vote, or other proceed ing, in the exercise of his powers or functions, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. § 79. A person offending against any provision of any tent wit- foregoing sections of this Code relating to bribery is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution, or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution. Bribery of witnesses. Definition of § 80. A person who is, or is about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized to hear evidence or take testimony, who receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, is guilty of a felony. § 81. The word "juror" as used in this chapter includes "Jurors." a talesman, and extends to jurors in all courts whether of record or not of record, and in special proceedings, and before any officer authorized to impanel a jury in any case or proceeding. prisoner. § 82. A person who, by force or fraud, rescues a prisoner Rescue of from lawful custody, or from an officer or other person having him in lawful custody, is guilty of a felony, if the prisoner was held upon a charge, commitment, arrest, conviction, or sentence of felony; and if the prisoner was held upon a charge, arrest, commitment, conviction, or sentence for misdemeanor, the rescuer is guilty of a misdemeanor. &c., prop § 83. A person who takes from the custody of an officer Taking, or other person, personal property, in charge of the latter, erty in under any process of law, or who willfully injures or destroys such property, is guilty of a misdemeanor. custody. prisoner may be re captured. § 84. A prisoner, in custody under sentence of imprison- Escaping ment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to that portion of his original term of imprisonment which remained unexpired upon the day of his escape. |