Texas bribery — Penal Code § 36.02
Texas bribery is a criminal offense under Penal Code § 36.02. Base conduct is classified as a second-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Second-degree felony
Punishment range: Second-degree felony (2–20 years + $10,000) under § 12.33
The controlling statute
Texas Penal Code § 36.02 criminalizes offering, conferring, soliciting, or accepting any benefit in exchange for the recipient's decision, opinion, recommendation, vote, or other official exercise of discretion as a public servant. The statute reaches both givers and takers — a person who offers a bribe and the public servant who accepts it both commit second-degree felonies. Unlike federal honest-services fraud, Texas bribery requires no proof of an explicit quid pro quo when a 'benefit as consideration' is alleged.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 36.02 |
| Cluster | Obstruction of Justice |
| Classification | Second-degree felony |
| Range | Second-degree felony (2–20 years + $10,000) under § 12.33 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 36.02 charge, the State must prove every element beyond a reasonable doubt:
- Defendant offered, conferred, or agreed to confer a benefit (or solicited, accepted, or agreed to accept)
- The benefit was in consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of official discretion
- The recipient was a public servant, party official, or voter (or the offeror knew/believed so)
- Defendant acted intentionally or knowingly
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Bribery case:
- Lack of intent to influence — campaign contributions within Election Code limits are not bribery under § 36.02(b)
- No nexus between benefit and official act — friendship and gratitude alone insufficient
- Entrapment by sting operation if the State induced conduct defendant would not otherwise engage in (§ 8.06)
- Speech-or-debate-clause protections for legislative conduct under Article III, § 21 of Texas Constitution
- Mistake about recipient's status as public servant under § 8.02
- First Amendment challenges to compelled-speech aspects of campaign finance enforcement
Enhancements & collateral consequences
Federal exposure under 18 U.S.C. § 666 (Theft or Bribery Concerning Programs Receiving Federal Funds) frequently parallels state bribery charges where federal grants are involved. § 36.02 has no internal tiering — all bribery is second-degree — but related theft and money-laundering charges often stack. Charges under § 71.02 (Engaging in Organized Criminal Activity) elevate exposure to first-degree felony when bribery is part of a broader scheme.
Key Legal Terms
- Public Servant (§ 1.07(a)(41))
- Officers, employees, or agents of government — including elected officials, candidates, jurors, arbitrators, party officials, and persons authorized to act in official capacity.
- Benefit (§ 1.07(a)(7))
- Anything reasonably regarded as pecuniary gain or advantage; sweeping definition reaching indirect benefits to third parties.
- Election Code Exemption (§ 36.02(b))
- Statutory exclusion for political contributions made and reported under Title 15 of the Election Code; protects lawful campaign giving from bribery liability.
Frequently Asked Questions
Is a campaign contribution bribery in Texas?
What counts as a 'benefit' under the statute?
Can I be charged with bribery for offering a tip to a city official?
Does the public servant have to actually take the official action?
What if the public servant rejected the bribe?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Bribery? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060