Bribery Laws

Bribery is often associated with the corruption of public officials or government employees. A conviction of this white collar crime may lead to prison time as well as personal and professional setbacks. Someone suspected of bribery should not talk to the police or prosecutors about their situation, even if they think that they did nothing wrong. Instead, they should consult a lawyer who is experienced in handling charges of white collar crimes like these.

What Is Bribery?

Bribery usually involves exchanging money or other compensation for a certain action by a person in a position of authority.

Elements of Bribery

A prosecutor might charge a defendant with bribery if they offered or gave something of value to a person with certain authority or influence. That person also might be charged with bribery if they solicited or accepted the compensation. The prosecutor generally would need to show that the defendant intended a "quid pro quo," meaning that the person with authority or influence would do (or not do) something in exchange for the compensation.

Pure Gifts Are Not Bribes

Just giving or receiving a gift with no intent of a “quid pro quo” exchange is generally not bribery.

Bribery sometimes may occur in settings that do not involve a government actor. For example, federal law prohibits bribing a witness in a legal proceeding, as well as bribery in sporting contests. Many states have enacted laws prohibiting “commercial bribery” that involves private businesses. For example, California Penal Code Section 641.3 prohibits conduct such as offering or giving an employee something of value in exchange for the employee using their position to benefit the other person.

Example of Bribery

Patrick is a member of the state legislature, while Phil runs a luxury car dealership. Phil tells Patrick that he will give him a car for free if Patrick votes in favor of a law that benefits Phil’s business. Phil has already committed bribery at this point, and Patrick will have committed bribery if he accepts the offer.

On the other hand, consider a situation in which Patrick and Phil are long-time friends who go out to dinner together. They do not discuss either the pending law or Phil’s business. If Phil offers to pay the bill at the end, this is probably not bribery because there is no quid pro quo.

Offenses Related to Bribery

Some offenses that might be charged in situations similar to those supporting a bribery charge include:

  • Forgery: perhaps the defendant successfully persuaded the person with authority to falsify an official document
  • Perjury: bribing a witness to make a certain statement under oath could expose that witness to perjury charges
  • Tax evasion: perhaps the bribe involved a scheme to avoid paying taxes

If bribery and another crime like forgery occurred during the same sequence of events, a defendant could face both types of charges. A prosecutor might seek convictions for each of them or might agree to drop one charge in exchange for a guilty plea to the other.

Defenses to Bribery

A defendant charged with bribery might argue that the gift did not involve any quid pro quo, or agreement to get a particular benefit in return. Or a false accusation might result in an unwarranted charge. For example, someone disappointed that a public official did not give them a contract might accuse them without justification of taking a bribe from a competitor.

In other cases, a defendant might have been entrapped into engaging in prohibited conduct. Entrapment means that law enforcement, often an undercover agent, induced someone to commit a crime that they would not have been predisposed to commit otherwise.

Lack of Ability Not a Defense

A recipient generally cannot defeat a bribery charge by claiming that they lacked the ability to fulfill their end of the bargain. They also cannot argue that they were not actually influenced by the bribe and would have acted as the giver of the bribe wanted anyway.

Penalties for Bribery

Potential prison terms for bribery may depend on both the jurisdiction and the situation in which the crime occurred. Here are some examples of sentences in various states and situations:

  • Arizona (bribery of a public servant): 1.5-3 years (2.5 years presumptive)
  • California (commercial bribery): up to 1 year if bribe was $1,000 or less; 16 months or 2 or 3 years if bribe exceeded $1,000
  • Florida (bribery of a public servant): up to 15 years
  • Illinois (bribery of a public officer or employee, or a juror or witness): 3-7 years
  • New York (sports bribing): minimum term of 1-2.33 years
  • Pennsylvania (commercial bribery): up to 2 years
  • Texas (bribery of a public servant): 2-20 years

Bribing a public official or witness under federal law may result in up to 15 years of imprisonment, while bribery in sporting contests under federal law may result in up to five years.

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