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 West Virginia, bribery is considered a serious criminal offense and is addressed under both state statutes and federal law. State law specifically prohibits the offering, giving, soliciting, or receiving of anything of value to influence the actions of a public official or person holding public or legal duty. According to West Virginia Code §61-5A-3, bribery of public officials and employees is illegal, and to secure a conviction, the prosecution must establish a clear quid pro quo relationship, where the public official's actions are directly influenced by the bribe. This means there must be evidence that the official agreed to perform or refrain from performing an official act in exchange for the bribe. It's important to note that while campaign contributions are regulated, they are 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 return for the contribution. Federal laws, such as the Hobbs Act and the Federal Bribery Statute, also apply and can be enforced in cases involving federal officials or crossing state lines.