GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 1050

HOUSE BILL 1779

 

AN ACT TO CODIFY CERTAIN CRIMES AND DEFENSES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-217 is amended by designating the present language as subsection (a) and is further amended at line 4 by adding between the words "act" and "or" the following words: "which lay within the scope of his official authority and was connected with the discharge of his official and legal duties,", and G.S. 14-217 is further amended by adding new subsections to read as follows:

"(b)      Indictments issued under these provisions shall specify:

(1)       the thing of value or personal advantage sought to be obtained; and

(2)       the specific act or omission sought to be obtained; and

(3)       that the act or omission sought to be obtained lay within the scope of the defendant's official authority and was connected with the discharge of his official and legal duties."

(c)       A person commits the offense of conspiracy to commit bribery as defined in subsection (a) when:

(1)       he or she agrees with one or more persons to commit bribery as defined in subsection (a); and

(2)       he or she and at least one other person intend at the time of the agreement that it be carried out; and

(3)       he or she commits at least one overt act to carry out an object of the conspiracy.

A person cannot be convicted of conspiracy to commit bribery as defined in subsection (a) unless all elements of this section are present and are alleged in the bill of indictment including a specific statement setting forth the overt act committed."

Sec. 2.  This act shall become effective October 1, 1984.

In the General Assembly read three times and ratified, this the 2nd day of July, 1984.