8.12 Bribery of Public Official (18 U.S.C. Sec. 201(b)(1)) is a federal crime in which a person or entity offers, gives, promises, or attempts to give a public official something of value in exchange for the official to perform an official act, misuse their office, or fail to perform their duties. This act of bribery is prohibited by the United States Code and is punishable by fines, imprisonment or both. There are two types of 8.12 Bribery of Public Official (18 U.S.C. Sec. 201(b)(1)): active bribery and passive bribery. Active bribery occurs when a public official is offered or given something of value in exchange for official action or misuse of office. Passive bribery occurs when a public official fails to perform their official duties in exchange for something of value.