Bribery is the act of giving or receiving any item of significant value to influence the action of a person in authority—in Latin terms, a “quid pro quo” or a favor for a favor. It may seem straightforward, but is it possible to be involved in bribery unintentionally?
The element of intent
The prosecution must prove intent in a bribery charge. It must prove that the defendant knew a gift was incoming and was expected to return the favor. In addition, the gift must have “significant value,” and the expected payback connects to an official act. The gift can either be for the official or someone they know. The recipient is not as important; it is only the fact that the gift influenced the act of the government official. Likewise, whether the gift came directly from the defendant or an intermediary only changes whether the bribery is direct or indirect.
How can you be involved in bribery unintentionally?
Bribery can be unintentional if you did not intend to influence a public official when giving the gift or were unaware that the giver expected something from you. Washington, D.C., requires a two-way intent in giving and receiving bribes.
Bribery is a serious charge
While bribery may not be a federal crime, federal lawyers can prosecute it. Proving a lack of intent requires complex criminal defense preparations. You may seek legal counsel to guide you in mounting a credible defense for your case. Regardless of intent, a bribery charge is still severe and deserves a staunch defense.