Bribery and Public Corruption in Georgia

Bribery in Georgia, O.C.G.A. § 16-10-2, runs in both directions: offering a benefit to someone acting for the government to influence official acts, and a public official or employee soliciting or accepting a thing of value while inducing the belief that it will influence official action. Either is punishable by one to 20 years in prison, a fine up to $5,000, or both.

The giving side: § 16-10-2(a)(1)

A person commits bribery by giving or offering “to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consideration to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment”.

Two parts of that text are broader than the word “official” suggests. The recipient can be anyone acting for or on behalf of a government body, not only an elected or appointed officer. And the offense is complete with an offer made for that purpose; the official does not have to accept.

The receiving side: § 16-10-2(a)(2)

A public official, elected or appointed, or an employee of the state, a county, a municipality, or any of their agencies, authorities, or entities, commits bribery by directly or indirectly soliciting, receiving, accepting, or agreeing to receive “a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action.” The test centers on the belief the official induces. Agreeing to receive is enough; nothing has to change hands.

What is not a “thing of value”

Paragraph (a)(2) excludes ten categories:

1. food or beverage consumed at a single meal or event;
2. legitimate salary, benefits, fees, commissions, or expenses from the recipient’s nonpublic business, employment, trade, or profession;
3. an award, plaque, certificate, memento, or similar item recognizing civic, charitable, political, professional, or public service;
4. food, beverages, and registration at group events to which all members of an agency are invited, including the House, the Senate, their committees, and each local governing body;
5. actual and reasonable expenses for food, beverages, travel, lodging, and registration provided so the official can participate or speak at a meeting;
6. a commercially reasonable loan made in the ordinary course of business;
7. any gift with a value less than $100;
8. promotional items distributed to the public or to public officers generally;
9. a gift from a member of the officer’s immediate family; and
10. food, beverage, or expenses associated with normal and customary business or social functions.

The paragraph closes with a sentence that works in both directions: receiving something not on the list “shall not create the presumption that the offense of bribery has been committed.” A gift outside the exclusions is not automatically a bribe; the State still has to prove the other elements, including the purpose to influence or the induced belief.

Violation of oath after the 2025 change

Georgia’s other core public corruption statute, O.C.G.A. § 16-10-1, punishes a public officer who willfully and intentionally violates the terms of the officer’s oath by one to five years in prison. House Bill 582 (Act 131, effective July 1, 2025) narrowed that crime. According to the Legislative Counsel’s summary, it limits violation of oath to codified oaths and to violations “predicated upon the commission of a felony or a misdemeanor of high and aggravated nature.” The same Act provided uniform oaths for peace officers. Read with that summary, a violation-of-oath charge for conduct on or after July 1, 2025 needs a codified oath and an underlying felony or high and aggravated misdemeanor.

Bribery as a racketeering predicate

Bribery under § 16-10-2 is listed as racketeering activity in O.C.G.A. § 16-14-3(5)(A)(xxi), so two related bribery acts within the statute’s time limit can support a Georgia RICO charge, with its five-to-20-year range and its forfeiture provisions. How those predicates combine into a pattern is covered in Georgia RICO predicate acts compared with federal RICO, and the structure of a RICO charge in the Georgia RICO statute and racketeering charges.

Questions in a bribery or corruption case

• Which side is charged: giving or offering under (a)(1), or soliciting or receiving under (a)(2)?
• Was the recipient acting for or on behalf of a government body, and what act related to that office or employment is alleged?
• Does the item fall within one of the ten exclusions, and what is its value, measured against the $100 gift threshold?
• For the receiving side, what evidence shows the official induced a reasonable belief that the gift would influence official action?
• For a violation of oath charge, is the oath a codified one, and what felony or high and aggravated misdemeanor is the charge built on?

Sources

• O.C.G.A. § 16-10-2 (bribery; 2024 Georgia Code; the 2022 through 2026 Legislative Counsel summaries list no amendment).
• O.C.G.A. § 16-10-1 (violation of oath; 2023 Georgia Code text) and Office of Legislative Counsel, Summary of General Statutes Enacted at the 2025 Session (House Bill 582, Act 131).
• O.C.G.A. § 16-14-3(5)(A)(xxi) (bribery as racketeering activity; 2024 Georgia Code).

General information about Georgia criminal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.