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 Idaho, bribery is addressed under various statutes, including Idaho Code § 18-1353, which defines bribery as offering, giving, receiving, or soliciting anything of value to influence the actions of a public servant in relation to any official transaction or matter. The law is clear that a quid pro quo exchange must be established for an act to be considered bribery. This means there must be a clear and direct relationship between the thing of value given and the action taken by the public official. Campaign contributions are typically not considered bribery unless they are made with the explicit understanding that the public official will perform or refrain from performing an official act in exchange for the contribution. The distinction lies in the intent and the agreement between the parties involved. If the donation is made with the intent to influence a specific official action, and this intent is agreed upon by the recipient, it could potentially be considered a bribe. However, campaign donations made without such an explicit quid pro quo agreement are generally lawful under campaign finance laws.