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 York State, bribery is addressed under various statutes, including the New York Penal Law. Bribery involving public officials is specifically outlined in Article 200 of the Penal Law, which defines and penalizes different forms of official misconduct, including bribery. According to these laws, a person is guilty of bribery when they offer, agree to, or confer any benefit upon a public servant with the intent to influence the public servant's official conduct. The law requires a clear quid pro quo for a charge of bribery to be substantiated. This means there must be a demonstrable exchange where the public official's actions are directly influenced by something of value they received. The statutes make a distinction between lawful campaign contributions and bribery; campaign donations are not considered bribery unless they are explicitly made in exchange for a specific action by the official. It is important to note that both the giver and the receiver of the bribe can be charged with bribery. The severity of the charges can range from misdemeanors to felonies, depending on the circumstances and the amount of benefit conferred.