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 Delaware, bribery of a public official is considered a serious offense, as outlined in Title 11, Crimes and Criminal Procedure, of the Delaware Code. The law defines bribery as offering, giving, or agreeing to give anything of value to a public servant with the intent to influence the performance of any official duty within the public servant's responsibility. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' – a clear and direct exchange where the public official's actions were influenced by the bribe. This means that the official must have acted or agreed to act in a certain way in response to the bribe. It is important to note that campaign contributions are not considered bribery under Delaware law as long as they are made in accordance with campaign finance laws and are not given in exchange for an explicit promise of a specific official action.