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 Jersey, bribery is considered a serious offense under both state and federal law. The New Jersey Code of Criminal Justice (specifically N.J.S.A. 2C:27-2) defines bribery as offering, giving, accepting, or soliciting something of value as a means to influence the judgment or conduct of a person in a public office or in a position of public trust. To establish the crime of bribery, the prosecution must show that there was a 'quid pro quo' arrangement, meaning that there was a clear and direct exchange where the public official's actions were influenced by the bribe. The relationship between the benefit conferred and the action taken or not taken by the official must be explicit. It is important to note that political campaign contributions are not typically 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.