Bribery is the offering, giving, soliciting, or receiving of something of value in order to influence the actions of a person who holds a public or legal duty (often someone in public office or government). To prove the crime of bribery, the prosecution must demonstrate that there was a quid pro quo exchange in which the recipient (public official) changed or altered his behavior in exchange for the gift (bribe). The quid pro quo relationship between the gift given and the action taken must be clear and direct. For this reason, campaign donations to political candidates generally do not constitute bribery.
In Alabama, bribery is addressed under the Alabama Code Title 13A. Criminal Code § 13A-10-61. The law defines bribery as giving or offering any money, property, or benefit to a public servant with the intent to influence the performance of any act or decision within their official capacity. Similarly, it is also considered bribery for a public servant to solicit, accept, or agree to accept any benefit with the intent that their judgment or actions will be influenced. The statute requires a clear quid pro quo, meaning there must be a direct exchange of the bribe for a specific action by the public official. Campaign contributions are generally not considered bribery unless they are made with the explicit agreement that the public official will perform or refrain from performing an official act in exchange for the contribution. Bribery is a serious offense in Alabama and can result in felony charges, with penalties that may include fines and imprisonment.