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 Arkansas, bribery is considered a serious offense under state law. The Arkansas Code (specifically, Title 5, Chapter 52) defines bribery as offering, giving, soliciting, or receiving any item of value as a means to influence the performance of any act related to the official function of any public servant. The law is clear that for an act to be considered bribery, there must be a 'quid pro quo' – a clear and direct exchange where the public official agrees to perform or refrain from performing an official act in exchange for the item of value. This means that the intent to influence must be established, and there must be a direct correlation between the item of value given and the action taken by the official. It is important to note that while campaign contributions are a form of giving something of value, they are not considered bribery under Arkansas law as long as they comply with the relevant campaign finance laws and there is no explicit agreement for the candidate to perform or refrain from performing official acts in exchange for the contributions.