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 North Carolina, bribery of public officials is considered a serious criminal offense. Under North Carolina General Statutes (NCGS) § 14-217, it is unlawful for any person to give or offer to give, directly or indirectly, any gift, gratuity, or reward to a public official with the intent to influence the action of that official in relation to any matter which is by law brought before him in his official capacity. Similarly, it is illegal for a public official to solicit or receive any such benefits under the same conditions. The law requires clear evidence of a quid pro quo arrangement, meaning there must be a direct exchange of something of value for a specific action by the public official. This distinguishes bribery from lawful political contributions, which are regulated under different statutes and do not inherently imply a corrupt exchange for official actions. Violations of bribery laws in North Carolina can result in severe penalties, including imprisonment and fines, and can also lead to disqualification from holding any office of honor, trust, or profit under the State.