Penal Code 67 PC - Bribery of an Executive Officer in California
California law strongly opposes government corruption. Bribery involving any executive officer in California is treated as a serious offense with severe penalties. According to California Penal Code sections 67 and 68, both offering and accepting a bribe are considered felony crimes.
Penal Code 67 PC criminalizes offering a bribe to any executive officer, including officials such as district attorneys and police officers, with violations punishable by up to four years in jail or prison.
Penal Code 68 PC makes it illegal for an executive officer, a ministerial officer, or a public employee to solicit or accept a bribe, with punishments also up to four years in jail or prison.
Accusations of bribery under these laws can lead to severe consequences, including lengthy imprisonment and a lifetime ban from holding public office. The harsh penalties underscore the serious nature of engaging in bribery.
Penal Code 67 PC
Penal Code 67 PC criminalizes offering or giving a bribe to any executive officer in California. The key element of this offense is the intent to unlawfully influence the officer's official actions, decisions, or opinions.
California Code Penal Code 67 PC says, "Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state."
Penal Code 68 PC
Related, Penal Code 68 PC concerns the opposite aspect of the transaction. It criminalizes any executive officer, employee, or appointee of the state or local government who solicits, accepts, or agrees to accept a bribe. The law specifically targets public servants who use their official position for personal gain by agreeing to have their duties influenced or compromised.
California Code Penal Code 68 PC says, "(a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the court shall consider the defendant's ability to pay the fine."
California has multiple laws addressing executive officers accepting bribes, including bribery involving legislators (PC 85 and 86), witnesses (PC 137 and 138), judges or jurors (PC 92), and commercial bribery (PC 641.3).
Executive Officer Defined
The term "executive officer" in these statutes is broadly defined and not limited to top officials, such as the governor. It refers to any government worker tasked with implementing laws and fulfilling official responsibilities. This includes a variety of public servants, such as:
- Police officers and sheriffs' deputies
- District attorneys and city attorneys
- County supervisors
- City council members
- Commissioners of state and local boards
Basically, any government worker with discretionary authority—meaning they can make decisions based on their own judgment—qualifies as an executive officer under these bribery laws.
What Factors Must Be Proven?
To secure a conviction for bribery of an executive officer, the prosecution must prove certain essential facts, known as the 'elements of the crime,' beyond a reasonable doubt. Understanding these elements can help you build a strong defense and navigate the legal process with confidence.
Under Bribery (Penal Code 67 PC), the prosecution must show that you offered or gave something of value to an official officer, intending to unlawfully influence their official act, decision, vote, or opinion. The crime is completed as soon as the offer is made with corrupt intent, even if the bribe is not accepted or received.
Under Penal Code 68 PC, to establish the crime of soliciting or receiving a bribe, the prosecution must demonstrate that the defendant was an officer, employee, or appointee of the government or a political subdivision.
They must also prove that the defendant asked for, accepted, or agreed to accept a bribe and that they did so with the understanding that the bribe would influence their official decisions or actions.
Similar to PC 67, the law does not require the actual payment of the bribe; offering it is enough. Simply requesting or accepting a bribe is sufficient to constitute a violation of the law.
Penalties for Bribery of an Executive Officer
A conviction under either Penal Code 67 or 68 is classified as a felony and entails severe penalties that may include:
- Sentences of two, three, or four years in state prison.
- If a bribe was received, the fine could be at least the amount of the bribe or up to double the amount.
- A conviction under either statute results in being permanently disqualified from holding any public office or employment in California.
- An executive officer convicted under PC 68 automatically forfeits their current position.
Defenses to Bribery Charges
Our California criminal defense attorneys can contest bribery charges through various defense strategies. The appropriate approach will depend on the details of your case.
The prosecution must demonstrate that you acted with corrupt intent to influence an official act. If your actions were accidental, based on a misunderstanding, or lacked the intent to influence unlawfully, this can serve as a strong defense.
For example, giving a gift out of gratitude after an official matter has ended might not be considered a bribe.
The entrapment defense might be relevant if a law enforcement officer or their agent persuaded you to commit a crime you wouldn't have otherwise committed. For example, if an officer pressured, harassed, or convincingly persuaded you into offering a bribe, you could have been entrapped.
The burden of proof rests on the prosecution. We can argue that they haven't provided sufficient evidence to establish every element of the crime beyond a reasonable doubt. For example, there may be no conclusive evidence of an offer or an agreement. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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