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(4) "Public servant" means any officer or employee of the State or any political subdivision thereof, including legislators and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term does not include witnesses.
(3) "Personal benefit" means gain or advantage to the recipient personally or anything regarded by the recipient as such gain or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose.
Such proof is sufficient to establish a prima facie case of falsity.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency.
186, § 1.; § 1213 Definitions relating to abuse of office.
Perjury in the third degree is a class A misdemeanor.
497, § 1.; § 1205 Giving unlawful gratuities; class A misdemeanor. It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes theft or coercion. 186, § 1.; § 1204 Theft or coercion no defense to receiving a bribe. Giving unlawful gratuities is a class A misdemeanor. (a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. 497, § 1.; § 1203 Receiving a bribe; class E felony.