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 Minnesota, bribery is addressed under Minnesota Statutes Section 609.42, which defines bribery as giving, offering, or receiving any reward, money, property, or benefit with the intent to influence the performance of any act, duty, or function of a public official's responsibilities. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' arrangement, meaning there was a clear and direct exchange where the public official's actions were influenced by the bribe. The law makes it clear that both the person offering the bribe and the public official receiving it can be charged with bribery. However, campaign contributions are generally not considered bribery unless they are made with the explicit agreement that the public official will perform or refrain from performing an official act in exchange for the contribution. Federal law also addresses bribery, particularly under 18 U.S.C. § 201, which prohibits the bribery of public officials and witnesses, and requires a similar demonstration of a quid pro quo arrangement. Both state and federal laws are designed to maintain the integrity of public offices and ensure that decisions are made in the public interest rather than as a result of personal gain.