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 Washington State, bribery is addressed under RCW 9A.68.010, which defines bribery as offering, giving, receiving, or soliciting anything of value to influence the actions of a public servant or person selected to be a public servant. 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 the public official alters their actions in response to something of value. This statute makes it a crime to bribe a public servant, and it is also illegal for the public servant to solicit or accept such bribes. The intent to influence the official's actions is a critical element of the crime. However, campaign contributions are generally not considered bribery unless they are made with the explicit and unlawful agreement that the public official will perform or refrain from performing an official act in exchange for the contribution. Federal laws also address bribery, particularly under 18 U.S.C. § 201, which prohibits bribery of public officials and witnesses, with similar requirements for proving a quid pro quo relationship.