What is the difference between bribery and illegal gratuities?

In South Dakota, white collar crimes law covers a wide range of offenses that involve acts of personal dishonesty, fraud, and/or deceit. Specifically, bribery and illegal gratuities are criminal offenses that are classified as white collar crimes. The primary difference between bribery and illegal gratuities is the purpose of the transaction. Bribery is a form of payment intended to influence a person to do something they would not have done had the payment not been made. For example, if a person offers a government official money in exchange for favorable treatment, this is a form of bribery. Illegal gratuities, on the other hand, are payments made without any intention of influencing the recipient. For example, rewarding a public official for good service by buying them a gift is considered an illegal gratuity. Essentially, bribery is a type of corruption because it can be used to either gain an advantage or evade the law, whereas illegal gratuities are not considered corrupt because they are not intended to influence the recipient. While both are punishable offenses, bribery can be a more serious crime and can carry a longer prison sentence. In South Dakota, it is a state law that prohibits the offering and accepting of a bribe, as well as any illegal gratuity. It is important to remember the distinction between bribery and illegal gratuities, as they both carry serious penalties.

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