1. 1. As used in subsection 2, the following definitions shall apply unless the context otherwise requires:

   1. a. “Employer” means any sole proprietor, partnership, corporation, association, or other entity or organization.
   2. b. “Employee” includes every officer, employee, agent or representative.
   3. c. “Gratuity” means consideration in any form, including but not limited to a gift, commission, discount and bonus.
2. 2. It is unlawful for a person to offer or deliver directly or indirectly for the personal benefit of an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with the person a gratuity in consideration of an act or omission which the person has reason to know is in conflict with the employment relation and duties of the employee to the employer. It is unlawful for an employee acting on behalf of the employee’s employer in a business transaction or course of transactions with a person to solicit or receive from the person a gratuity directly or indirectly for the personal benefit of the employee in consideration of an act or omission which the employee has reason to know is in conflict with the employment relation and duties of the employee to the employer.
3. 3. A violation of subsection 2 is a class “D” felony.

[C79, 81, §722.10]