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 Illinois, bribery is considered a serious criminal offense and is governed by both state statutes and federal law. Under Illinois law, specifically 720 ILCS 5/33-1, bribery occurs when someone knowingly offers or gives any money or other benefit to a public officer (or any public employee) with the intent to influence that officer's performance of any act related to his or her official functions. Similarly, it is bribery if a public officer solicits or accepts such a benefit under the same circumstances. The law is clear that there must be a quid pro quo – a clear and direct exchange where the bribe is the cause of the official action. This is distinguished from legitimate political contributions, which are not considered bribes unless they are made with the explicit understanding that they will directly influence an official's actions. Federal laws, such as the Hobbs Act and the Federal Program Bribery statute, also prohibit bribery of public officials and are enforced by federal agencies. Violations of these laws can result in severe penalties, including fines and imprisonment.