What characterizes an unlawful gratuity?

An unlawful gratuity is characterized by accepting benefits in return for the performance of lawful duties. This concept underscores the idea that public servants, such as correctional officers, must maintain integrity and avoid situations where their actions may be influenced by outside rewards or incentives. Accepting a gift, favor, or benefit simply because it is given in connection with the performance of official duties can compromise the public servant's objectivity and the integrity of their role.

When a public servant accepts a gratuity tied to their lawful responsibilities, it can create a conflict of interest or even lead to corruption. This contrasts sharply with situations such as refusing gifts or accepting donations for community service, which do not involve a direct exchange for the performance of official duties. Ultimately, the key issue with unlawful gratuities lies in the expectation that the benefit received influences the public servant's behaviors or decisions in their official capacity.