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 Kansas, bribery is considered a serious offense and is governed by both state statutes and federal law. Under Kansas Statutes, specifically K.S.A. 21-6002, bribery involves offering, giving, soliciting, or receiving anything of value with the intent to influence the performance of a public official in the discharge of their official duties. 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's actions are influenced by the bribe. This means that the official must have acted differently than they would have without the bribe. It's important to note that while campaign contributions are a form of giving something of value, they are not considered bribery under Kansas law or federal law as long as they comply with campaign finance regulations and there is no explicit agreement for the candidate to perform or not perform an official act in exchange for the contribution.