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 Michigan, bribery is considered a serious offense under both state and federal law. State statutes specifically address bribery in relation to public officials, as outlined in the Michigan Penal Code (MCL 750.117 et seq.). The law prohibits offering, giving, soliciting, or receiving a bribe with the intent to influence the actions of a public official in the discharge of their duties. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' arrangement, meaning that there was a clear and direct exchange of something of value for a specific action or inaction by the public official. The intent to influence the official's behavior is a critical element of the crime. While campaign contributions are a form of political support, they are not considered bribery unless they are made with the explicit condition of influencing the official's actions in their official capacity. Federal laws, such as the Hobbs Act and the Federal Bribery Statute, also criminalize bribery of public officials and are applicable in Michigan. These laws reinforce the prohibition of quid pro quo arrangements and are enforced by federal agencies.