California Penal Code Section 93 PC: Judges, Jurors, and Referees Requesting or Taking a Bribe

Penal Code 93 makes it a felony for any judicial officer, juror, referee, arbitrator, or person authorized to determine a legal controversy to ask for, receive, or agree to receive any bribe on the understanding that their vote, opinion, judgment, decision, or other action will be influenced.

Designed to protect the absolute impartiality and sanctity of the justice system from the "bribee" perspective, the statute pairs directly with PC 92 (which penalizes the person offering or giving the bribe).

Understanding California Penal Code Section 93 PC is essential to how the state prosecutes judicial corruption when judges, jurors, arbitrators, or referees abuse their public trust by soliciting, accepting, or agreeing to receive bribes.

What is the Legal Definition of PC 93?

Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive any bribe, upon any understanding that his or her vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or proceeding, is guilty of a felony.

This statute provides specialized accountability for members of the judiciary and dispute-resolution system, establishing severe criminal consequences for officials who monetize their judicial authority or compromise court impartiality.

What Key Statutory Definitions Apply Under Penal Code 93?

Understanding these foundational legal terms is essential because the prosecution must establish every specific statutory element—from qualifying judicial status to corrupt receipt—to secure a conviction.

Judicial Officer or Juror: Includes superior and appellate court judges, active trial jurors, grand jurors, court referees, arbitrators, umpires, and any person officially authorized by law to hear or determine a legal controversy.
Bribe: Any money, property, service, kickback, or promise of future advantage requested or accepted with corrupt intent to sway a legal ruling.
Corrupt Intent: The specific mental state to wrongfully secure an unauthorized financial or political advantage by compromising official judicial duties.
Agreement or Understanding: A mutual meeting of the minds—explicit or implicit—where the official links the receipt of value to a specific or general future exercise of judicial discretion or verdict.

What Must Be Proven to Convict Under PC 93?

To secure a conviction under California Penal Code Section 93, the prosecution must establish specific legal elements beyond a reasonable doubt:

Official Judicial Status: The defendant was a judicial officer, juror, referee, arbitrator, or person authorized to determine a legal question or controversy at the time of the offense.
Solicitation or Receipt: The defendant asked for, received, or agreed to receive a bribe (an item or promise of value).
Corrupt Understanding: The transaction occurred under an agreement or understanding that the official's vote, opinion, judgment, or judicial action would be influenced or directed in a specific manner.

What Are the Penalties and Sentencing for Penal Code 93 Violations?

Violating California Penal Code Section 93 is classified as a felony offense and carries severe institutional and personal penalties.

Offense Classification	Maximum Prison Term	Maximum Fines & Collateral Consequences
Felony	2, 3, or 4 years in state prison	A fine of up to $10,000 (or twice the bribe amount), permanent forfeiture of judicial office, and lifetime disqualification from holding public office

What Legal Defense Strategies Can Be Used Against PC 93 Charges?

Defending against an accusation under Penal Code 93 requires a meticulous examination of communications, financial transactions, and the exact intent behind monetary or gift exchanges:

Absence of Corrupt Intent or Agreement: To prove bribery, there must be evidence of a corrupt quid pro quo agreement. An attorney can argue that the funds were lawful income, gifts, loans, or independent transactions with no connection to a pending legal proceeding.
Entrapment by Law Enforcement: In undercover stings or integrity operations, the entrapment defense applies if government agents or informants use excessive pressure, deception, or inducements to persuade a judge or juror with no predisposition to accept a bribe.
False Allegations or Personal Bias: High-stakes legal trials frequently involve disgruntled litigants or participants fabricating or exaggerating claims against judges or jurors. Exposing witness bias, personal vendettas, or distorted audio/video records can dismantle the prosecution's case.
Lack of Solicitation or Acceptance: If the evidence shows that the official rejected the offer, promptly reported it to authorities, or never agreed or understood that they would alter their decision, the essential elements of the crime are not met.

How Does Penal Code 93 Apply in a Hypothetical Example?

Consider a scenario where a civil court judge presiding over a major corporate lawsuit is approached covertly by a corporate executive involved in the litigation. The judge tells the executive, "If your company transfers $50,000 to my overseas account, I will rule in favor of your motion to dismiss the lawsuit next week."

Because the judicial officer solicited and agreed to receive a valuable benefit with the corrupt understanding that their official court ruling would be influenced in exchange, the judge can be arrested, charged, and prosecuted under California Penal Code Section 93 PC (while the executive faces complementary felony charges under PC 92).

What Related Laws Impact Penal Code 93 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.

California Penal Code Section 92 PC – Bribery of Judges or Jurors: Prohibits giving, offering, or promising a bribe to judicial officers, jurors, referees, or arbitrators. This statute directly mirrors PC 93, targeting the person who offers or pays the bribe rather than the official who takes it.
California Penal Code Section 86 PC – Legislator Requesting or Taking a Bribe: Makes it a felony for lawmakers or local city council members to solicit or accept bribes. Prosecutors look to PC 86 when public corruption targets the legislative branch rather than the judicial arena.
California Penal Code Section 137 and 138 PC – Witness Bribery: Criminalizes offering, giving, or receiving bribes intended to influence witness testimony or induce a witness to withhold evidence. Prosecutors frequently review these statutes alongside PC 93 when a wider conspiracy involves tampering with both witnesses and adjudicators.
California Penal Code Section 518 PC – Extortion: Punishes obtaining property or official action from another through wrongful force or threats. This charge often overlaps with or substitutes for PC 93 cases, where a judge or court officer uses their power to coerce payoffs rather than negotiate a consensual bribe.
California Penal Code Section 94 PC – Receiving Illegal Fees or Rewards: Prohibits judicial officers from asking or receiving any fee or reward outside of their statutory salary for official acts. Investigators frequently evaluate this related misconduct statute when reviewing questionable financial transactions involving court personnel.

Frequently Asked Questions (FAQs)

Does a judge or juror have to actually follow through on their ruling or verdict to violate Penal Code 93?

No. The crime is complete the moment the official asks for, receives, or agrees to receive the bribe under a corrupt understanding. Whether they ultimately issue the ruling or cast the vote as promised is legally irrelevant to the conviction.

Are standard gifts or campaign contributions to elected judges considered illegal bribes under PC 93?

Compliant campaign contributions and permitted gifts routed through legal reporting channels are lawful. They cross the line into illegal bribery under PC 93 only when prosecutors can prove an explicit corrupt agreement or quid pro quo linking the funds directly to a specific judicial ruling or court action.

Can a judge or official convicted under Penal Code 93 ever hold office again?

No. A conviction under PC 93 carries mandatory collateral consequences, including the permanent forfeiture of the judicial or official position and a lifelong disqualification from holding any office of honor, trust, or profit in California.

Does Penal Code 93 apply to private arbitrators and court-appointed referees?

Yes. The statute explicitly covers superior and appellate judges and jurors, but its reach broadly extends to court referees, arbitrators, umpires, and any person officially authorized by law to hear or determine a legal controversy.

What should I do if I am facing judicial corruption investigations or questioning?

Immediately exercise your right to remain silent and retain an experienced California criminal defense attorney specializing in white-collar crimes and public corruption. Early legal counsel is vital for safeguarding your rights during sensitive grand jury or agency investigations.

How Cron, Israels & Stark Can Help You

Facing accusations or an investigation under California Penal Code Section 93 PC—whether you are a judge, juror, arbitrator, or court official—represents a devastating professional and personal crisis.

Charges of public corruption and judicial bribery carry severe state prison sentences, massive financial penalties, and the permanent forfeiture of your career and right to hold public office. You need an aggressive, highly discreet legal defense team from the very start.

Rigorous Defense Against Public Corruption Charges: We conduct independent, meticulous investigations to challenge the prosecution's claims, dissecting communication records, financial transactions, and witness accounts to expose flaws in the government's case.
Proactive Pre-File & Grand Jury Intervention: If you are under suspicion or facing grand jury inquiries before formal charges are filed, our attorneys intervene early to protect your rights, counter false allegations, and work to prevent indictments.
Challenging the Quid Pro Quo Requirement: Bribery requires proof of a corrupt agreement or understanding. We work to show that transactions were lawful, misconstrued, or unrelated to any judicial proceeding.
Protecting Your Constitutional Rights: We aggressively challenge any unlawful surveillance, improper warrants, or coercive interrogation techniques used by state or federal investigators.
Safeguarding Your Reputation and Career: We fight tirelessly to secure dismissals, reduce charges, or pursue the most favorable resolution possible to mitigate the devastating collateral consequences of a PC 93 investigation.

If you are facing allegations or questioning related to California Penal Code Section 93, do not wait. Contact our office today for a confidential consultation to protect your liberty, your career, and your future.

Schedule a consultation through the contact form or call us at (424) 372-3112. We are located in Los Angeles, CA.

Judges Taking a Bribe