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 Montana, bribery of public officials is addressed under the Montana Code Annotated (MCA) Title 45, Chapter 7, Part 4. The law defines bribery as offering, giving, soliciting, or receiving any item of value to influence the actions of a public servant in relation to any official act. This includes influencing a public servant's vote, opinion, judgment, exercise of discretion, or other action in their official capacity. To establish the crime of bribery, it must be shown that there was a 'quid pro quo' arrangement, meaning that there was a clear and direct exchange where the public official's actions were influenced by the bribe. 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. Federal law also prohibits bribery of public officials under 18 U.S.C. § 201, which similarly requires proof of a quid pro quo arrangement. Both state and federal laws impose serious penalties for individuals found guilty of bribery, including fines and imprisonment.