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 Texas, bribery is addressed under the Texas Penal Code, specifically in Chapter 36 which deals with bribery and corrupt influence. According to Texas law, a person commits an offense if they intentionally or knowingly offer, give, or agree to give to another, or solicit, accept, or agree to accept from another, any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter. The law is clear that the benefit must be intended as a quid pro quo for specific official action. The offense is considered a second-degree felony, which can result in significant penalties including imprisonment and fines. Federal law also addresses bribery, particularly under 18 U.S.C. § 201, which prohibits the bribery of public officials and witnesses. The federal statute similarly requires a quid pro quo element, where there must be a clear intent to give or receive something of value in exchange for an official act. Campaign contributions, as long as they comply with election law and are not made with the explicit promise of a quid pro quo, are generally not considered bribery under state or federal law.
