Is Bribery a Felony? Public Corruption, Commercial Bribery, and Penalties by State (2026)

Bribery of a public official is a felony in every U.S. jurisdiction — all 50 states, the District of Columbia, and under federal law. The giver and the receiver face the same grade in most codes. Private-sector (commercial) bribery is more variable: it is often a misdemeanor when the value is small and a felony above a dollar threshold. Bribing a witness or juror is almost universally the most serious form and is a high-grade felony everywhere. Federal law layers on three additional statutes — 18 USC 201 (federal officials), 18 USC 666 (state/local officials of federally funded entities), and 15 USC 78dd-1 (the FCPA, foreign officials).

Bribery is the offering, giving, soliciting, or accepting of a thing of value with corrupt intent to influence (or be influenced in) an official act, decision, vote, opinion, or other exercise of discretion. The core elements are (1) a thing of value, (2) a person in a position of trust or authority, (3) corrupt intent to influence the official action, and (4) the actual or attempted exchange. A gift or gratuity made after an official act — without a prior agreement to influence the act — is typically charged as the lesser crime of illegal gratuity (18 USC 201(c), up to 2 years), not bribery. The thing of value need not be money; it can be a job, a trip, a promise of future business, forgiveness of a debt, or anything the recipient considers beneficial.

Most state statutes and the federal code punish both sides of a bribery transaction. Under 18 USC 201(b), paragraph (b)(1) covers the person who gives or offers the bribe and paragraph (b)(2) covers the public official who solicits or accepts it — and both carry the same maximum of 15 years. The same symmetry appears in state codes: California Penal Code 67 (giving) and 68 (receiving) both carry 2/3/4 years; Texas Penal Code 36.02 makes it a single second-degree-felony offense whether the actor offers, confers, solicits, or accepts. This means a private citizen who offers a bribe can be convicted even if the official refuses, and an official who solicits a bribe can be convicted even if no money changes hands.

Public bribery involves a public servant, party officer, voter, juror, or witness — someone acting in a governmental or quasi-governmental role. It is a felony in every jurisdiction. Commercial bribery involves a private-sector fiduciary (an employee, agent, or fiduciary) who accepts a benefit to act against the interest of the employer or principal, and the person who offers that benefit. States split on grading: many make it a misdemeanor below a threshold and a felony above. California Penal Code 641.3 makes commercial bribery a wobbler (misdemeanor or felony) when the value is $1,000 or more, and a misdemeanor below that. Alabama Code 13A-10-62 makes it a Class A misdemeanor under $500 and a Class C felony at $500 or more. A few states have no standalone commercial-bribery statute and instead charge the conduct as theft, fraud, or breach of fiduciary duty.

18 USC 201 is the core federal bribery statute and applies to federal public officials. 201(b) covers bribery (both giving and receiving, with corrupt intent) and carries up to 15 years and a fine of up to three times the value of the bribe. 201(c) is the lesser gratuity offense (a gift for or because of an official act, without corrupt intent) and carries up to 2 years. A conviction under 201(b) also disqualifies the offender from holding any office of honor, trust, or profit under the United States. 18 USC 666 extends federal prosecution to agents of state, local, tribal, and certain private organizations that receive more than $10,000 in federal benefits in a year, where the transaction is valued at $5,000 or more; the maximum is 10 years. 18 USC 1512 covers witness tampering, including corruptly persuading or bribing a witness, with up to 20 years for the intimidation/corrupt-persuasion tier and up to 30 years where force is used or attempted. The Foreign Corrupt Practices Act (FCPA), 15 USC 78dd-1 et seq., prohibits corrupt payments to foreign officials to obtain or retain business; individuals face up to 5 years and $250,000 per violation under 15 USC 78ff, while entities can face much larger fines.

Bribing a witness or juror is treated as the most serious category of bribery because it strikes at the integrity of the justice system. Under 18 USC 201(b)(3) and (b)(4), bribing a witness or a witness accepting a bribe carries the same 15-year maximum as bribing a federal official. 18 USC 1512(b) — tampering with a witness by corrupt persuasion — reaches 20 years, and subsection (a), which involves killing or using physical force, can reach 30 years or life. State codes similarly elevate witness and juror bribery. Many states grade it a Class B or first/second degree felony even where ordinary public bribery sits at a lower grade. The affirmative defense in 18 USC 1512(e) is narrow: it applies only when the conduct was lawful and the sole intent was to encourage truthful testimony.

Every state criminal code contains a public-bribery statute, and in every state it is a felony. The grade varies. Florida Statutes 838.015 makes bribery a second-degree felony (up to 15 years). Texas Penal Code 36.02 makes it a second-degree felony (2 to 20 years). Colorado Revised Statutes 18-8-302 classifies it as a class 3 felony. Washington RCW 9A.68.010 makes it a class B felony (up to 10 years). Ohio Revised Code 2921.02 makes it a felony of the third degree and bars the convicted official from ever holding public office again. California Penal Code 67 (giving) and 68 (receiving) carry 2, 3, or 4 years. New York graduates the offense by value under Penal Law Article 200 — from bribe receiving in the third degree (class E, 1 to 4 years) up to first degree (class B, up to 25 years) for the highest-value or highest-office cases. Most states also require disqualification from public office on conviction.

A bribery conviction carries consequences beyond the prison term. Disqualification from public office is explicit in many statutes — 18 USC 201(b), Ohio Revised Code 2921.02, California Penal Code 67, and Massachusetts MGL c. 268A 2 all bar the convicted person from holding office. For non-citizens, an aggravated-felony bribery conviction under 8 USC 1101(a)(43) — which includes bribery where the term of imprisonment is at least one year — triggers deportation, permanent inadmissibility, and loss of nearly all immigration relief. Forfeiture is available under 18 USC 981 and 982 (federal) and most state forfeiture statutes for the proceeds and property involved in the bribery. A felony bribery conviction also imposes the standard collateral disabilities: loss of firearm rights, difficulty obtaining professional licenses, and barriers to public employment and contracting.

If you are charged with bribery, treat it as a serious felony matter. Do not make any further statements to investigators without counsel. A bribery charge has two sides — the government may pressure one party to cooperate against the other, so early representation matters. Common defenses include lack of corrupt intent (the payment was a lawful gratuity, a campaign contribution, or a legitimate business fee), entrapment (the official solicited and the defendant was induced), statute-of-limitations defects, and insufficient evidence of an agreement to influence. Federal investigations often run parallel with the DOJ Public Integrity Section; state cases may involve a state attorney general or a local district attorney. This page is informational only and is not legal advice — consult a criminal-defense attorney in the relevant jurisdiction immediately.