Also known as:bribe · bribes · bribed · bribing · briber · bribers · bribee · bribees · bribour
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense that occurs when a person corruptly gives, offers, or agrees to give anything of value or corruptly requests, receives, or agrees to receive anything of value in exchange for official action. The offense reaches both the offeror and the recipient even when their intents do not align. Bribery constitutes a felony in most jurisdictions and supplies a ground for impeachment of federal officers.
Sources & Authorities
How it applies
Common Examples
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Presidential Directive Halts Investigation
President Collins directs the Attorney General to end a federal probe into a law firm that arranged lobbying payments to his reelection committee. The House opens impeachment hearings after evidence shows the directive protected personal political interests. The Senate convicts Collins of bribery and removes him from office.
Gang Member Loitering Ordinance Challenged
Chicago police arrest Byron Bishop under an anti-loitering ordinance aimed at suspected gang members. Bishop argues the statute is unconstitutionally vague because it fails to define loitering with sufficient clarity. The Court upholds the law by comparing the term to established criminal concepts such as bribery that carry settled meanings.
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Cases
Model Codes
Common Law
Dictionaries
City of Chicago v. Morales527 U.S. 41, 119 S.Ct. 1849, 144 L.Ed.2d 67 (1999)
Campaign Contribution Limits Upheld
Congress caps individual contributions to federal candidates to prevent the appearance of improper influence. Boubacar Bah, a large donor, claims the limits violate the First Amendment because bribery statutes already address quid pro quo deals. The Court sustains the caps, noting that bribery laws reach only the most blatant exchanges while contribution rules address broader risks.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Former Aide Sues Over Dismissal
Presidential aide Barbara Bennett sues after the President fires her for refusing to approve a contract that would benefit a campaign donor. Bennett alleges the firing punished her refusal to participate in a bribery scheme. The Court holds that absolute presidential immunity does not shield the President from political accountability through impeachment for bribery.
Richard Nixon v. A. Ernest Fitzgerald457 U.S. 731 (1982)
Soft Money Restrictions Sustained
Congress bans unregulated soft-money donations to national parties after evidence shows donors received favorable regulatory treatment. Bella Barnes, a party official, contends the ban exceeds Congress's authority because bribery laws already deter corruption. The Court upholds the restrictions as a valid means to prevent circumvention of direct bribery prohibitions.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Pre-Office Conduct Suit Proceeds
A former employee sues President Brenda Booth for wage violations that occurred at a private business years before the election. Booth claims sitting presidents enjoy immunity from all civil suits. The Court rejects the claim, noting that immunity covers only official acts and leaves pre-office conduct, including any related bribery allegations, fully subject to judicial process.
William Jefferson Clinton v. Paula Corbin Jones520 U.S. 681, 117 S. Ct. 1636, 137 L. Ed. 2d 945 (1997)
Common questions
Frequently Asked
3
Does the prosecution need to prove that both the bribe giver and the bribe taker shared the same criminal intent?+
No. The prosecution need not prove mutual intent. A person may be convicted of bribery even when the other party lacks corrupt intent.
Supporting sources
What constitutional process must Congress follow to remove a president for bribery?+
The Constitution provides for removal from office on impeachment for, and conviction of, bribery.
Supporting sources
Is bribery protected by the Speech or Debate Clause when committed by a member of Congress?+
No. Accepting a bribe falls outside the regular course of the legislative process. Members of Congress may therefore be prosecuted for bribery without violating legislative immunity.
Supporting sources
424 U.S. 1 (1976)Legislation and Regulation
…to a disastrous extent." 413 U. S., at 565. Appellants contend that the contribution limitations must be invalidated because bribery laws and narrowly drawn disclosure requirements constitute a less restrictive means of dealing with "proven and suspected quid pro quo arrangements." But laws making criminal the giving…