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A. A person is guilty of compounding if:

1. He or she requests, accepts or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for crime; or

2. He or she confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such a person will refrain from initiating a prosecution for a crime.

B. In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution of indemnification for harm caused by the crime.

C. Compounding is a gross misdemeanor. (Ord. 1145-85 § 76, 1985.)