If a public servant accepts a benefit for not doing their job, what crime are they committing?

The situation described involves a public servant who accepts a benefit in exchange for not performing their duties. This aligns with the definition of "Bribe Receiving in the 2nd Degree." This specific crime pertains to accepting a benefit that is contingent upon failing to undertake a specific action or duty tied to one’s responsibilities as a public servant.

In this context, the act of receiving a benefit or compensation for the intentional lapse in duty highlights a corruption of the role, which is what the law seeks to address under this classification. Bribe Receiving in the 2nd Degree not only signifies the acceptance of the bribe but also acknowledges the failure to conduct required duties that the public servant is obliged to perform.

The other options reference related but distinct offenses. For instance, Bribery in the 3rd Degree typically focuses on the act of offering a bribe rather than receiving one, while Official Misconduct generally refers to actions that violate a public servant's official duties but does not explicitly address the acceptance of a benefit for not performing those duties. Receiving a Gratuity might imply a permissibility of receiving something of value, but it does not carry the criminal implications tied to the situation of purposeful neglect of duty for gain. Therefore, recognizing the nuances of