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 Hawaii, bribery is addressed under Hawaii Revised Statutes Section 710-1040, which defines bribery as the offering, giving, receiving, or soliciting of anything of value to a public servant with the intent to influence that servant's official actions. The law makes it clear that both the person offering the bribe and the public official who accepts it can be charged with bribery. To establish the crime of bribery, there must be evidence of a quid pro quo arrangement, meaning there is a clear and direct exchange of something of value for a specific action by the public official. The statute also distinguishes between lawful campaign contributions and bribery; campaign donations are not considered bribery unless they are made with the corrupt intent to influence an official's actions. Federal laws, such as the Hobbs Act and the Federal Bribery Statute (18 U.S.C. § 201), also prohibit bribery of public officials and apply in Hawaii as they do across all states. These federal laws similarly require proof of a quid pro quo relationship to convict someone of bribery.