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 Arizona, bribery is addressed under Arizona Revised Statutes (ARS) § 13-2602 and related sections. The law defines bribery as offering, conferring, or agreeing to confer any benefit upon a public servant or party officer with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity. Similarly, it is considered bribery for a public servant to solicit, accept, or agree to accept any benefit with the intention that his or her official actions will be corrupted. The statute makes it clear that a quid pro quo arrangement must be present for an act to be considered bribery, meaning there must be a clear and direct exchange of something of value for a specific action by the public official. Campaign contributions, as long as they are made in accordance with campaign finance laws and without an explicit quid pro quo, are not considered bribery. Violations of bribery laws in Arizona are treated as felonies, and the severity of the charges can vary based on the value of the benefit and the nature of the offense.