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 California, bribery is addressed under various sections of the California Penal Code (CPC), including Sections 67, 68, 85, 86, and others, depending on the specific public official or situation involved. The law defines bribery as offering, giving, soliciting, or receiving anything of value with the intent to unlawfully influence a public official in the performance of their duties. To establish the crime of bribery, the prosecution must prove that there was a clear quid pro quo arrangement, meaning that the public official agreed to perform or refrain from performing an official act in exchange for the bribe. The relationship between the bribe and the official's action must be explicit. It is important to note that campaign contributions are not considered bribery if they are made according to the law and without an explicit agreement for the public official to perform or refrain from performing an official act in exchange for the contribution.