Illegal gratuities differ from bribery mainly because they do not necessarily involve which element?

• A. Intent to influence a decision before it was made
• B. Payment after the decision
• C. Involvement of a public official
• D. High monetary value

Answer: (A)

The key idea is the timing and purpose of the offer. Bribery rests on the notion of trying to influence a decision before it happens—someone offers something of value with the aim of swaying how an official acts on a matter that hasn’t yet been decided. Illegal gratuities, on the other hand, involve gifts given after a decision has already been made as a reward or gratuity for that action; they don’t require evidence that the giver intended to influence the decision beforehand. So the element not necessarily involved in illegal gratuities is the pre-decision intent to influence a decision. The other aspects, like whether a public official is involved or the amount of the gift, aren’t what primarily distinguishes the two.