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 Tennessee, bribery is considered a serious offense and is governed by both state statutes and federal law. Under Tennessee law, specifically Tennessee Code Annotated (T.C.A.) § 39-16-102, bribery of a public servant is defined as offering, giving, or agreeing to give a public servant, or soliciting, accepting, or agreeing to accept a thing of value with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action 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 of something of value for a specific action by the public official. The intent to influence the official's actions is a critical element of the crime. It is important to note that legitimate campaign contributions are not considered bribery as long as they are made within the legal framework and without an explicit agreement for the public official to perform or refrain from performing an official act in return for the contribution.