Receiving or soliciting a bribe as a witness.

(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section. (2) An actor commits receiving or soliciting a bribe as a witness if the actor: (a) believes that an official proceeding or investigation is pending or about to be instituted; and (b) solicits, accepts, or agrees to accept a benefit in consideration of the actor: (i) testifying or informing falsely; (ii) withholding testimony, information, a document, or an item; (iii) eluding legal process summoning the actor to provide evidence; or (iv) absenting the actor from a proceeding or investigation to which the actor has been summoned. (3) A violation of Subsection (2) is a third degree felony. (4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.