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 Nevada, bribery of a public officer or employee is illegal under Nevada Revised Statutes (NRS) 197.010. The law defines bribery as giving, offering, or promising to give any benefit to a public officer with the intent to influence the officer's vote, opinion, judgment, or action in his or her public capacity. Similarly, it is illegal for a public officer to solicit or accept such benefits under the same conditions. To establish the crime of bribery, the prosecution must show that there was a 'quid pro quo' arrangement, meaning a clear and direct exchange of something of value for a specific action or inaction by the public official. The relationship between the benefit and the official's behavior must be explicit for it to be considered bribery. 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.