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 Georgia, bribery is considered a serious offense under both state and federal law. According to the Official Code of Georgia Annotated (O.C.G.A.) § 16-10-2, a person commits the offense of bribery when they offer, give, or agree to give to any public official any gift, money, or other item of value with the purpose of influencing that official in the performance of their official duties. The statute also covers the solicitation or acceptance of a bribe by a public official. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' arrangement, meaning that the public official's actions were influenced by the bribe. The relationship between the bribe and the official's subsequent actions must be explicit. It is important to note that campaign contributions are not considered bribery as long as they comply with campaign finance laws and are not made with the intent of directly influencing an official's specific duty or decision.