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 Pennsylvania, bribery is considered a serious offense and is defined under the Pennsylvania Consolidated Statutes Title 18, Section 4701. The law states that a person is guilty of bribery if they offer, give, or agree to give any pecuniary benefit to a public servant or party official with the intent to influence the decision, opinion, recommendation, vote, or exercise of discretion of a public servant or party official in his or her public duties. Similarly, a public servant or party official is guilty if they demand, solicit, accept, or agree to accept any benefit for themselves or another person in exchange for any such influence. The statute requires a clear quid pro quo relationship, meaning there must be a direct exchange of something of value for a specific action by the public official. The law distinguishes between lawful campaign contributions and bribery by considering the intent behind the transaction and whether there is a direct correlation between the contribution and an official act. Bribery is a felony in Pennsylvania, and the penalties can include imprisonment, fines, and disqualification from holding any office of trust or profit in the state.