Section 201 of Title 18 of the U.S. Code governs the offenses of bribery and illegal gratuity. In order to prove bribery, the prosecution must generally establish that a thing of value was given, offered, or promised to a public official (or in the case of a recipient, demanded, sought, received, or accepted by); the person offered the bribe was a present or future public official; the "thing of value" was linked to the commission of a specific "official act;" and there was an intent to corrupt or influence (or be influenced). The critical distinction between bribery and illegal gratuity is that the former requires proof of intent while the latter does not. The defenses to bribery or illegal gratuity charges that are commonly raised but are rarely successful include entrapment, violations of due process, and duress or coercion. Because a defendant convicted of bribery necessarily possesses criminal intent, penalties for bribery are significantly greater than penalties for illegal gratuities. Individuals who offer or receive a bribe may be imprisoned for up to 15 years and fined either a statutory maximum of $250,000 or triple the value of the bribe, whichever is greater. Another section of this article examines the elements of, defenses to, and penalties for criminal conflict of interest. The sections of the U.S. Code that pertain to criminal conflict of interest define and provide penalties for unauthorized compensation, violation of defined limits of the activities of government officers and employees during their employment, violation of the limits on post-termination employment, acts that serve financial interest, and the receipt of outside salaries. 374 notes