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 Utah, bribery is considered a serious offense and is governed by both state statutes and federal law. Under Utah law, specifically Utah Code § 76-8-103, bribery involves offering, giving, promising, accepting, or soliciting any benefit as a means to influence the actions of a person in relation to any public or legal duty. The law is clear that for an act to be considered bribery, there must be a 'quid pro quo' – a clear and direct exchange where a benefit is provided with the expectation of influencing the official's conduct in their official capacity. The intent to influence is a critical element of the crime. It is important to note that while campaign contributions are a form of political support, they are not considered bribery unless they are made with the explicit intent of influencing an official's specific actions. Federal laws, such as the Hobbs Act and the Federal Bribery Statute (18 U.S.C. § 201), also address bribery, emphasizing the illegality of quid pro quo arrangements with public officials. Violations of these laws can lead to severe penalties, including fines and imprisonment.