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 New Mexico, bribery of a public officer or public employee is illegal under state law, specifically outlined in the New Mexico Statutes Annotated (NMSA) 1978, Section 30-24-1. The statute defines bribery as the offering, giving, or receiving of anything of value to a public officer or employee with the intent to influence the officer's or employee's performance of their public duties. The law requires clear evidence of a quid pro quo arrangement, where there is an explicit or implicit understanding that the public official's actions will be influenced by the receipt of the bribe. This means that the connection between the thing of value given and the action taken by the official must be direct and unmistakable. Federal law also addresses bribery, particularly under 18 U.S.C. § 201, which prohibits the bribery of public officials and witnesses, requiring similar proof of a quid pro quo. Campaign contributions, as long as they comply with campaign finance laws and are not made with an explicit agreement to perform or not perform an official act, are generally not considered bribery. However, if a campaign donation is made with the understanding that the public official will perform a specific action in return, it could potentially be considered a bribe under both state and federal law.