California Penal Code Section 85 PC: Bribery of a Legislator
Penal Code 85 makes it a felony offense to give, offer, or promise anything of value to a public legislator, or to use corrupt means such as menace or deceit, with the intent to improperly influence their official votes, opinions, or legislative actions.
Designed to safeguard the integrity of democratic governance at both state and local levels, the statute penalizes any interference that compromises the independent judgment of elected officials.
Navigating the legal framework surrounding California Penal Code Section 86 PC is essential for understanding how the state prosecutes public corruption when elected officials and legislative members abuse their public trust by soliciting, accepting, or agreeing to receive bribes.
What is the Statutory Language of PC 85?
Every person who gives or offers to give any bribe to any member of the Legislature, or to any member of the legislative body of a city, county, city and county, school district, or other special district, with corrupt intent to influence them in respect to any act, decision, vote, opinion, or other proceeding as such member, or who attempts by menace, deceit, suppression of truth, or any corrupt means, to influence such member in performing their official duties, is guilty of a public offense.
This statute provides specialized protections tailored to legislative bodies across California, extending beyond the state capitol to include city councils, county boards of supervisors, and local school or special district boards.
What Key Statutory Definitions Apply Under Penal Code 85?
Understanding these foundational legal terms is essential because the prosecution must establish every specific statutory element—from qualifying legislative status to corrupt intent—to secure a conviction:
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Legislator: Includes members of the California State Legislature as well as members of city councils, county boards of supervisors, school district boards, and other local special districts.
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Bribe: Anything of value—such as cash, property, kickbacks, or promises of future advantage—offered or given with corrupt intent to sway official conduct.
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Corrupt Intent: The specific mental state to wrongfully gain a financial or political advantage for oneself or another party by subverting official duties.
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Corrupt Means: Unlawful or manipulative tactics utilized to influence a lawmaker, including menace, deceit, or the intentional suppression of truth.
What Must Be Proven to Convict Under PC 85?
To secure a conviction under California Penal Code Section 85, the prosecution must establish specific legal elements beyond a reasonable doubt depending on the theory of the crime:
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For Offering a Bribe: The defendant gave or offered a bribe to a qualifying legislative member, and acted with the specific corrupt intent to unlawfully influence that official's vote, decision, or proceeding.
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For Corrupt Influence: The defendant attempted to influence a legislator's official duties, used corrupt means such as deceit or menace, and did so with corrupt intent.
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Target Status: The targeted individual held an official position as a state or local legislative member at the time of the alleged conduct.
What Are the Penalties and Sentencing for Penal Code 85 Violations?
Violating California Penal Code Section 85 is classified as a felony offense, reflecting the legislature's strong stance against political corruption.
|
Offense Classification |
Maximum Prison Term |
Maximum Fines & Probation Options |
| Felony | 2, 3, or 4 years in state prison | Up to $10,000 fine, restitution, or formal felony probation |
What Legal Defense Strategies Can Be Used Against PC 85 Charges?
Defending against an accusation under Penal Code 85 requires a meticulous examination of communication context, political discourse protections, and the specific statutory intent required by the prosecution:
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Absence of Corrupt Intent: Bribery requires proof of a specific corrupt mindset. An attorney can demonstrate that funds or discussions constituted lawful campaign contributions, standard lobbying, or legitimate advocacy rather than a corrupt payoff.
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Lack of Corrupt Means or Action: If the defense can show that no menace, deceit, or unlawful pressure was used—and that interactions served entirely legal, transparent public policy purposes—the charge cannot stand.
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Entrapment by Law Enforcement: In undercover sting operations, if government agents or informants used overbearing inducement, pressure, or deceit to lure a non-predisposed individual into committing the offense, the entrapment defense may apply.
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False Allegations or Political Bias: High-stakes political environments often breed intense rivalries and politically motivated accusations. Exposing witness bias, mischaracterized conversations, or fabrication can undermine the prosecution's case.
How Does Penal Code 85 Apply in a Hypothetical Example?
Consider a scenario where a real estate developer learns that a proposed commercial project violates local municipal zoning codes. Frustrated by administrative delays, the developer meets privately with a city council member and offers a $20,000 cash "consulting fee" explicitly conditioned on the council member voting to approve a zoning variance at the next public hearing.
Because the developer offered an item of value with the specific corrupt intent to influence an official legislative vote, the developer can be arrested, charged, and prosecuted under California Penal Code Section 85 PC. (At the same time, if the council member accepts or agrees to take the payment, they face separate felony prosecution under Penal Code 86 PC).
What Related Laws Impact Penal Code 76 Cases?
Understanding adjacent statutory provisions is essential because prosecutors frequently evaluate overlapping criminal statutes to determine the most appropriate charges or to file multiple counts based on the exact nature of the conduct.
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California Penal Code Section 86 PC – Bribery of Legislators (The Bribee): Prohibits lawmakers from asking for, receiving, or agreeing to receive a bribe in exchange for influencing their official actions. This statute serves as the direct counterpart to PC 85, targeting the public official who accepts the corrupt bargain rather than the person offering it.
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California Penal Code Section 67 and 68 PC – Bribery of Executive Officers: Makes it a felony to bribe executive branch officers or for those officers to accept bribes. While PC 85 governs legislative branch members, these statutes extend similar anti-corruption protections to executive and administrative government officials.
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California Penal Code Section 92 and 93 PC – Bribery of Judges and Jurors: Criminalizes offering or receiving bribes intended to influence judicial officers or jurors. Prosecutors rely on these companion laws when corruption targets the judicial branch rather than the legislative arena.
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California Penal Code Section 518 PC – Extortion: Punishes obtaining property or official action from another through the wrongful use of force or threats. This charge often overlaps with or substitutes for PC 85 cases where a suspect relies on severe coercion or menace rather than financial incentives to sway a vote.
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California Government Code Section 1090 – Conflicts of Interest: Prohibits public officials and employees from being financially interested in any contract made by them in their official capacity. Investigators frequently review financial disclosures alongside PC 85 allegations to uncover hidden self-dealing or unlawful economic ties.
Frequently Asked Questions (FAQs)
Does a bribe have to be successfully accepted to violate Penal Code 85?
No. The crime is complete the moment a person gives or offers a bribe with corrupt intent. A legislator's actual acceptance or agreement is not required to sustain a conviction under PC 85.
Are standard political campaign contributions considered illegal bribes under PC 85?
Generally, compliant campaign contributions made through legal channels are protected forms of political expression and advocacy. They cross the line into illegal bribery only when an explicit or implicit corrupt quid pro quo agreement connects the financial support to a specific official vote or action.
Can a conviction under Penal Code 85 be expunged?
Expungement is generally unavailable if the defendant serves a state prison sentence. However, if the court grants formal felony probation and the defendant successfully completes all probation terms without incarceration, they may petition the court for a dismissal under Penal Code 1203.4.
Does Penal Code 85 apply to local city councils and school boards?
Yes. The statute explicitly covers members of the state Legislature and legislative bodies of cities, counties, school districts, and special districts throughout California.
What should I do if I am facing political corruption or bribery investigations?
Immediately exercise your right to remain silent and retain an experienced California criminal defense attorney specializing in white-collar crimes. Early legal representation is critical to manage interactions with investigators and protect your rights.
How We Can Help You
Navigating complex white-collar criminal charges under California law requires experienced legal guidance, strategic planning, and aggressive advocacy.
Whether you want to understand statutory parameters, prepare informational content, or find skilled representation to defend against allegations, our team can provide the legal resources and support you need.
The California criminal defense attorneys at Cron, Israels & Stark are here to help you. Schedule a consultation through the contact form or call us at (424) 372-3112. We are located in Los Angeles, CA.