CORRECT ANSWER:

YES. You agreed to introduce the memorial to Congress to help your constituent, and you're accepting his offer of a free driveway resurfacing is CORRECT.

To convict a public servant of the crime of bribery, a district attorney must prove that the person was a public servant and that he or she agreed to accept a pecuniary benefit on the basis that one or more of the person's actions as a public servant would be influenced. You had been elected, so you fit the definition of a "public servant" even though you were not yet sworn in. You initially explained that you could not help your constituent, but after hearing the offer of a free driveway resurfacing, you agreed to introduce legislation to address your constituent's concern. And you accepted the offer of a free driveway resurfacing by making the appointment. It appears that a district attorney would have sufficient evidence to prove each of the elements of the crime of bribery.

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