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 Maryland, bribery of a public official is considered a serious criminal offense. Under Maryland law, specifically the Maryland Public Ethics Law, bribery is defined as the offering, giving, receiving, or soliciting of anything of value to influence the actions of a public official in the discharge of their official duties. The law requires clear evidence of a quid pro quo arrangement, where there is a direct exchange of something of value for a specific action or inaction by the public official. This means that the intent to influence must be explicit, and the connection between the gift and the expected official act must be evident. Maryland statutes make it illegal for both the person offering the bribe and the public official accepting it. Penalties for bribery can include fines, imprisonment, and disqualification from holding any office of honor, trust, or profit in the state. It is important to note that while campaign contributions are regulated, they are not considered bribery unless they are made with the explicit and corrupt intent to influence an official's actions.