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 Louisiana, bribery is addressed under both state statutes and federal law. According to Louisiana Revised Statutes (LRS) 14:118, bribery involves giving or offering anything of apparent present or prospective value to a public officer or public employee, or to any other person, with the intent to influence his conduct in relation to his position, employment, or duty. This also includes the solicitation or acceptance of such bribes by the public officer or employee. 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 alters their behavior in their official capacity in exchange for the bribe. This is distinguished from campaign contributions, which are regulated under different laws and are not considered bribery unless they are made with the explicit and unlawful 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 are applicable in Louisiana. These laws similarly require a quid pro quo arrangement to establish the crime of bribery.