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 Missouri, bribery is addressed under Missouri Revised Statutes, specifically Section 576.010, which defines bribery of a public servant. The law states that a person commits the offense of bribery if they offer or give any benefit to a public servant with the intent to influence the public servant's vote, opinion, judgment, or other exercise of discretion in his or her official capacity. Similarly, it is also an offense for a public servant to solicit or accept such benefits under the same conditions. The statute makes it clear that the benefit must be offered or accepted with the intent to influence an official act, decision, or judgment. The quid pro quo – a direct exchange of something of value for a specific action by the public official – must be established for the act to be considered bribery. Campaign contributions, as long as they are made in accordance with campaign finance laws and without an explicit quid pro quo agreement, are not considered bribery. Violations of bribery statutes are taken seriously and can result in significant penalties, including imprisonment and fines.