18 U.S.C. § 201 — Bribery of public officials and witnesses

(a) Definitions: This section defines three terms. (1) A "public official" includes a Member of Congress, a Delegate, or a Resident Commissioner — whether before or after they officially take office — as well as any officer, employee, or person acting for or on behalf of the United States government, or any of its departments, agencies, or branches, including the District of Columbia government, while performing an official function. It also includes a juror. (2) A "person who has been selected to be a public official" means someone who has been nominated or appointed to become a public official, or who has been officially told they will be nominated or appointed. (3) An "official act" means any decision or action on any question, matter, case, lawsuit, or dispute that is currently pending, or that could legally come before a public official, in that official's official role or position of trust. (b) Bribery: This is the more serious crime described in this section. It requires that someone act "corruptly" — meaning with a wrongful purpose. (1) It is illegal to directly or indirectly, corruptly give, offer, or promise anything of value to a public official (or someone selected to become one) — or to offer to have someone else give them something of value — intending to (A) influence an official act, (B) get that official to help commit or allow fraud on the United States, or create a chance for that fraud to happen, or (C) push the official to do, or fail to do, something that violates their official duty. (2) On the other side, it is illegal for a public official (or someone selected to become one) to corruptly demand, seek, receive, accept, or agree to accept anything of value — for themselves or someone else — in exchange for (A) being influenced in an official act, (B) helping or allowing fraud on the United States, or (C) being pushed to violate their official duty. (3) It is also illegal to corruptly give, offer, or promise anything of value to a person, intending to influence that person's sworn testimony as a witness at a trial, hearing, or other official proceeding — or to get them to skip the proceeding entirely. (4) And it is illegal for that person to corruptly demand, seek, receive, accept, or agree to accept anything of value in exchange for being influenced in their sworn testimony, or for staying away from the proceeding. Anyone who breaks any part of (b) can be fined — either under the general fine rules of this title, or an amount up to three times the value of the bribe, whichever is more — and can be imprisoned for up to 15 years, or both. They may also be barred from holding any federal position of honor, trust, or profit. (c) Illegal gratuities: This is a less serious crime than bribery in (b). It does not require proof that someone acted "corruptly" with intent to influence — only that something of value was given or received "for or because of" an official act or testimony, outside of what the law otherwise allows. (1) It is illegal, outside of what the law allows for properly doing one's job, for (A) anyone to directly or indirectly give, offer, or promise something of value to a public official, former public official, or someone selected to become one, because of an official act that person performed or will perform; or (B) that official, former official, or selectee to demand, seek, receive, accept, or agree to accept something of value personally because of that official act. (2) It is illegal to directly or indirectly give, offer, or promise something of value to a person because of sworn testimony that person gave or will give at a trial, hearing, or other proceeding — or because they stayed away from it. (3) It is illegal for that person to directly or indirectly demand, seek, receive, accept, or agree to accept something of value because of that testimony or absence. Anyone who breaks (c) can be fined under this title, imprisoned for up to 2 years, or both. (d) Exception: The rules in (b)(3), (b)(4), (c)(2), and (c)(3) — the ones about paying or receiving something tied to witness testimony — do not stop someone from paying or receiving witness fees the law allows, or the reasonable cost of travel and living expenses, or the reasonable value of time lost while attending the proceeding. For expert witnesses, this also allows a reasonable fee for the time they spend preparing their opinion and for appearing and testifying. (e) This section's crimes and punishments are separate from, and in addition to, the crimes described in sections 1503, 1504, and 1505 of this title.