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 Kentucky, bribery is addressed under Kentucky Revised Statutes (KRS) Chapter 521, which defines and penalizes various forms of bribery and corruption. According to KRS 521.020, a person is guilty of bribery of a public servant if they offer, confer, or agree to confer any benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in their official capacity. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' arrangement, meaning a clear and direct exchange of something of value for a specific action by the public official. The statute makes it illegal for both the person offering the bribe and the public servant accepting it. It's important to note that while campaign contributions are regulated under different statutes, they are not considered bribery unless they are directly tied to an explicit agreement to perform or not perform an official act. Bribery is a serious offense in Kentucky and can result in felony charges, with penalties that may include fines, imprisonment, and disqualification from holding any public office.