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 Dakota, bribery of public officials is addressed under South Dakota Codified Laws (SDCL). Specifically, SDCL 22-12A outlines various offenses related to bribery and corrupt influence, including bribery of a public officer (SDCL 22-12A-1), receiving a bribe by a public officer (SDCL 22-12A-2), and bribery in sporting contests (SDCL 22-12A-3), among others. The statutes make it illegal to offer, give, solicit, or accept a bribe with the intent to influence an official act or decision. The law requires a clear quid pro quo, meaning there must be a direct exchange of something of value for a specific action by the public official. General campaign contributions are 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. Violations of these statutes can result in felony charges, with penalties that may include fines and imprisonment.