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 Indiana, bribery is addressed under Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-1-1. The law defines bribery as offering, conferring, or agreeing to confer any benefit upon a public servant with the intent to influence the performance of an act related to the public servant's office or employment. Similarly, it is also considered bribery for a public servant to solicit, accept, or agree to accept any benefit with the intent that the public servant's decision or action will be influenced. The quid pro quo element is crucial in proving bribery; there must be a clear and direct exchange where the public official's actions are influenced by the benefit received. Campaign contributions are generally not considered bribery unless they are made with the explicit understanding that the public official will perform or refrain from performing an official act in exchange for the contribution. Bribery in Indiana is a Level 5 felony, which can result in severe penalties including imprisonment and fines.