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 Rhode Island, bribery is addressed under Rhode Island General Laws Section 11-7, which prohibits offering, giving, soliciting, or receiving any money, gift, or other thing of value to influence the action of any member, officer, or employee of the state or any subdivision thereof in his or her official capacity. To establish the crime of bribery, it must be shown 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. This exchange must be proven beyond a reasonable doubt for a conviction. It is important to note that campaign contributions are generally 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 exchange for the contribution. Rhode Island law distinguishes legitimate political contributions from unlawful bribes through the intent and the explicitness of the exchange.