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 Virginia, bribery of a public official is considered a serious criminal offense. Under Virginia Code § 18.2-447, bribery is defined as offering, giving, promising, or receiving any item of value as a means to influence the judgment or conduct of a public servant in their official duties. The law requires clear evidence of a quid pro quo arrangement, where there is an explicit or implicit understanding that the public official's actions will be influenced by the bribe. This means that the connection between the item of value given and the action taken by the official must be direct and unmistakable. It is important to note that while campaign contributions are a form of political support, they are not considered bribery under Virginia law unless they are made with the explicit agreement that the public official will perform or refrain from performing an official act in return for the contribution. Violations of bribery statutes in Virginia can result in severe penalties, including imprisonment and fines.