printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony. Legislation § 84. Enacted February 14, 1872; based on Field's Draft, § 119, N. Y. Pen. Code, § 65. § 85. Giving or offering bribes to members of the legislature. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is punishable by imprisonment in the state prison not less than one nor more than ten years. Bribery: See ante, §§ 67, 68. Legislation § 85. Enacted February 14, 1872; based on Field's Draft, § 120, N. Y. Pen. Code, § 66; Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85, 86; Stats. 1863, p. 645, §§ 1, 2. § 86. Receiving bribes by members of the legislature. Every member of either of the houses composing the legislature of this state who asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, ke disfranchised, and forever disqualified from holding any office or public trust. [Amendment approved 1880; Code Amdts. 1880, p. 7.] Legislation § 86. 1. Enacted February 14, 1872 (based on Field's Draft, § 121, N. Y. Pen. Code, § 67; Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85, 86; Stats. 1863, p. 645, §§ 1, 2), and then ended with the words "nor more than fourteen years." 2. Amended by Code Amdts. 1880, p. 7. § 87. Witnesses refusing to attend, testify, or produce papers before the legislature or committees thereof. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misde meanor. Legislation § 87. Enacted February 14, 1872; based on Field's Draft, §§ 122, 123, N. Y. Pen. Code, §§ 68, 69; Stats. 1857, p. 97, § 1. § 88. Members of the legislature, in addition to other penalties, to forfeit office and be disqualified, etc. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in this state. Legislation § 88. Enacted February 14, 1872; based on Field's Draft, § 124, N. Y. Pen. Code, § 70. § 89. Lobbying, and penalty for. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceeding except for perjury in giving such testimony. [Amendment approved 1880; Code Amdts. 1880, p. 7.] Legislation § 89. 1. Added by Code Amdts. 1873-74, p. 456, the first sentence then reading as at present, and thereafter the section proceeding, "If, upon the trial of an indictment found under the provisions of this section, the accused is examined as a witness in his own behalf, evidence may then be given that he has committed acts in violation of the provisions of this section other than the acts charged in the indictment. Upon the trial no person otherwise competent as a witness shall be disqualified from testifying as such concerning the offense charged, on the ground that such testimony may criminate himself; but no prosecution can afterward be had against him for any offense concerning which he testified." 2. Amended by Code Amdts. 1880, p. 7. Pen. Code-4 TITLE VII. Crimes against Public Justice. Chapter I. Bribery and Corruption. §§ 92-100. III. Escapes, and Aiding Therein. §§ 105–111. IV. Forging, Stealing, Mutilating and Falsifying Judicial V. Perjury and Subornation of Perjury. §§ 118-129. VII. Other Offenses against Public Justice. §§ 142-181. CHAPTER I. Bribery and Corruption. $92. Giving bribes to judges, jurors, referees, etc. § 94. $93. Receiving bribes by judicial officers, jurors, etc. $95. § 96. 97. § 98. § 99. Justice or constable purchasing judgment. Officers to forfeit and be disqualified from holding office. Superintendent of state printing. Shall not have any interest in contract of any kind connected with his office. Penalty. § 100. Superintendent of state printing, penalty for collusion. § 92. Giving bribes to judges, jurors, referees, etc. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison not less than one nor more than ten years. Bribery of executive officers: See ante, § 67. Legislation § 92. Enacted February 14, 1872; based on Field's Draft, § 125, N. Y. Pen. Code, § 71; Crimes and Punishment Act, Stats. 1850, pp. 239, 240, 242, §§ 84, 85, 86, 106, as amended by Stats. 1856, p. 220, § 10; Stats. 1863, p. 645, §§ 1, 2. § 93. Receiving bribes by judicial officers, jurors, etc. Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matters or ques tion which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than ten years. Legislation § 93. Enacted February 14, 1872; based on Field's Draft, § 126, N. Y. Pen. Code, § 72; Crimes and Punishment Act, Stats. 1850, pp. 239, 240, 242, §§ 84, 85, 86, 106, as amended by Stats. 1856, p. 220, § 10; Stats. 1863, p. 645, §§ 84, 85, 86. § 94. Extortion. Misconduct of judicial officers. Stenographers. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Every judicial officer who shall ask or receive the whole or any part of the fees allowed by law to any stenographer or reporter appointed by him, or any other person, to record the proceedings of any court. or investigation held by him, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit his office. Any stenographer or reporter, appointed by any judicial officer in this state, who shall pay, or offer to pay, the whole or any part of the fees allowed him by law, for his appointment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the courts of this state. [Amendment approved 1895; Stats. 1895, p. 30.] Extortion by executive officer: See ante, § 70. Legislation § 94. 1. Enacted February 14, 1872 (based on Field's Draft, § 102, N. Y. Pen. Code, § 557; Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85), the section then consisting of the first sentence of the present amendment. 2. Amended by Stats. 1895, p. 30, adding the second and third sentences. 3. Amendment by Stats. 1901, p. 442; unconstitutional. See note, § 5, ante. § 95. Improper attempts to influence jurors, referees, etc. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause, or proceeding, pending, or about to be brought before him, either: One. By means of any communication, oral or written, had with him except in the regular course of proceedings; Two. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings; Three. By means of any threat, intimidation, persuasion, or entreaty; or, Four. By means of any promise, or assurance of any pecuniary or other, advantage; -Is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years. [Amendment approved 1874; Code Amdts. 1873-74, p. 424] Embracery: See ante, § 92. Legislation § 95. 1. Enacted February 14, 1872 (based on Field's Draft, § 131, N. Y. Pen. Code, § 75; Crimes and Punishment Act, Stats. 1850, p. 242, § 106, as amended by Stats. 1856, p. 220, § 10), and differed from the present amendment, having (1) in introductory paragraph, the words "or proceeding" after "any cause"; (2) in subds. 1 and 2, the words "upon the trial of the cause; or," at end of subdivisions; (3) in subd. 4, the words "assurance or promise" instead of "promise, or assurance." 2. Amended by Code Amdts. 1873-74, p. 424. § 96. Misconduct of jurors, referees, etc. Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either: One. Makes any promise or agreement to give a verdict or decision for or against any party; or, Two. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending before him, except according to the regular course of proceedings, is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years. [Amendment approved 1874; Code Amdts. 1873-74, p. 424.] Legislation § 96. 1. Enacted February 14, 1872 (based on Field's Draft, § 128, N. Y. Pen. Code, § 73; Crimes and Punishment Act, Stats. 1850, p. 242, § 106, as amended by Stats. 1856, p. 220, § 10), and differed from the present amendment, (1) not having the words "or matter" after "any cause"; (2) having the words "upon the trial of such cause" after "course of proceedings," these latter words then ending the subdivisions, the matter now following them being a paragraph. 2. Amended by Code Amdts. 1873-74, p. 424. § 97. Justice or constable purchasing judgment. Every justice of the peace or constable of the same township who purchases or is interested in the purchase of any judgment or part thereof on the docket of, or on any docket in possession of such justice, is guilty of a misdemeanor. Legislation § 97. Enacted February 14, 1872. § 98. Officers to forfeit and be disqualified from holding office. Every officer convicted of any crime defined in this chapter, in addition to the punishment described, forfeits his office and is forever disqualified from holding any office in this state. |