1. A person commits the offense of bribery of a public servant if he or she knowingly offers, confers or agrees to confer upon any public servant any benefit, direct or indirect, in return for:
(1) The recipient's official vote, opinion, recommendation, judgment, decision, action or exercise of discretion as a public servant; or
(2) The recipient's violation of a known legal duty as a public servant.
2. It is no defense that the recipient was not qualified to act in the desired way because he or she had not yet assumed office, or lacked jurisdiction, or for any other reason.
3. The offense of bribery of a public servant is a class E felony.