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 North Dakota, bribery is addressed under Chapter 12.1-12 of the North Dakota Century Code, which defines bribery in relation to public servants and witnesses. According to NDCC § 12.1-12-01, a person is guilty of bribery if they offer, confer, or agree to confer any benefit upon a public servant or party official with the intent to influence the public servant's or party official's action, decision, opinion, recommendation, vote, or other exercise of discretion in a public or official capacity. Similarly, a public servant or party official is guilty if they solicit, accept, or agree to accept any benefit for such influence. The law requires a clear quid pro quo relationship, meaning there must be a direct exchange of something of value for a specific action by the public official. General campaign contributions are not considered bribery unless they are made with the explicit understanding that the public official will perform or refrain from performing an official act in return for the contribution. Violations of bribery statutes in North Dakota are considered Class C felonies, which carry serious penalties including potential imprisonment and fines.