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 Nebraska, bribery is addressed under Nebraska Revised Statute 28-917, which defines bribery as offering, giving, receiving, or soliciting anything of value to influence the actions of a public servant or juror. The law makes it clear that both the act of offering a bribe and the act of accepting one are illegal. To establish the crime of bribery, it must be proven 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 influence on the part of the public official. This exchange must be intentional and with the purpose of influencing an official act, decision, or judgment. It is important to note that campaign contributions are not considered bribery under Nebraska law as long as they are made in accordance with campaign finance regulations and are not tied to an explicit promise of official action in return for the contribution.