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Arkansas Law: [section]5-52-101. Abuse of public trust.

A person commits the offense of abuse of public trust if the person:

Solicits, accepts or agrees to accept on behalf of any person, political party or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office;

Offers, confers or agrees to confer any benefit and the receipt of the benefit is prohibited by this section;

Solicits, accepts or agrees to accept any benefit as compensation or consideration for having as a public servant given a decision, opinion, recommendation or vote favorable to another or for having otherwise exercised his or her discretion in favor of another; or Offers, confers or agrees to confer any benefit upon a public servant and the receipt of the benefit is prohibited by this section.

It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote or use of discretion, except for the benefit, was otherwise proper.

Abuse of public trust is a Class D felony in Arkansas, carrying a possible penalty of up to six years in prison and a maximum fine of $10,000.1n the Oklahoma case, former Broken Arrow School District Superintendent James David Sisney faces up to10 years in prison and a $5,000 fine; Windstream Corp. of Little Rock could be docked $3,000 if it's found guilty of giving a bribe.

Both parties are also charged with conspiracy against the state, for which Sisney faces another 10 years and $25,000, and Windstream could be fined the same amount. Arkansas also lacks an exact equivalent to the conspiracy charge.
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Publication:Arkansas Business
Geographic Code:1U7AR
Date:Oct 15, 2012
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