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 New Hampshire, bribery is addressed under RSA 640:2, which defines bribery as offering, giving, receiving, or soliciting anything of value with the intent to influence the action of a public servant in his or her official capacity. The law is clear that for an act to be considered bribery, there must be a 'quid pro quo' – a clear and direct exchange where the public official alters their official actions in return for the bribe. This means that there must be evidence of an agreement where the public official's decision or action is explicitly traded for something of value. Campaign contributions, as long as they are made in accordance with campaign finance laws and are not tied to any explicit promise of favorable official action, are not considered bribery. Violations of bribery statutes in New Hampshire can lead to serious penalties, including imprisonment and fines, and can have additional consequences for the public official's position and future in public service.