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 South Carolina, bribery is considered a serious offense and is addressed under both state statutes and federal law. State law specifically prohibits offering, soliciting, or accepting bribes, particularly in relation to public officials and employees. Under South Carolina Code Ann. § 8-13-705, it is unlawful for a public official, member, or employee to solicit, accept, or agree to accept anything of value in return for being influenced in the performance of any official responsibility or action. Similarly, it is illegal to offer or give such inducements to a public official. The law requires a clear quid pro quo relationship, meaning there must be a direct exchange of something of value for a specific action by the public official. This distinguishes bribery from lawful activities such as campaign contributions, which are regulated under different statutes and are not considered bribery unless they are explicitly tied to an official act. Federal laws, such as the Hobbs Act and the Federal Bribery Statute, also criminalize bribery involving federal public officials and can apply to actions in South Carolina that involve federal interests or cross state lines.