PC 67: Bribery Laws

Legal Definition: Giving or offering bribes to any executive officer in this state is illegal. Bribery with intent to influence the officer to act, make a decision, vote, give an opinion, or other proceedings as such officer, is punishable by imprisonment. If found guilty, you could end up in the state prison for two, three or four years, and could be disqualified from holding any office in this state. (PC 67).

PC 641.3 deals with Commercial Bribery. In other words, Bribery of a non-executive official. Any employee who solicits accepts, or agrees to accept money or anything of value from a person other than their employer, other than in trust for the employer, corruptly and without the knowledge or consent of the employer, in return for using or agreeing to use their position for the benefit of that other person, and any person who offers or gives employees money or anything of value, under those circumstances, is guilty of commercial Bribery.

For a person to be convicted of a violation of PC 67, the prosecution must prove the following:

1. You gave/offered a bribe to an executive officer in this state or someone acting on the officer’s behalf;

AND

2. You acted with the corrupt intent to unlawfully influence that officer’s official act/decision/vote/opinion.

What does this mean?

A Bribe means something of present or future value or advantage, or a promise to give such a thing, that is provided or offered with the corrupt intent to unlawfully influence the public or official action, vote, decision, or opinion of the person to whom the bribe is given.

A person acts with corrupt intent when they act to wrongfully gain financial or other advantages for himself, herself, or someone else. The official act/decision/vote/opinion/proceeding that you sought to influence must have been related to an existing subject that could have been brought before the public officer in their official capacity. It does not have to connect to a duty given explicitly by statute to that officer. An executive officer is a government official who may use their discretion to perform their duties.

The bribe itself does not need to be accepted, meaning you can be caught in a sting operation under this section. The crime is committed once the bribe is made, regardless of whether it was accepted or not. Offering a bribe does not require specific words or behavior as long as the language used and the circumstances clearly show an intent to bribe. You can also be found guilty under this section to accept the bribe or request a bribe, not just offer a bribe.

PC 67 covers offering a bribe to an Executive Official; PC 68 covers accepting or requesting a bribe by any Executive Official. Extortion is Bribery with the additional element of coercion. Accordingly, you cannot be guilty of receiving a bribe and extortion in the same transaction.

Penalties for Bribery

A violation of Bribery will depend on what subsection your case or charge falls under.

1. PC 67 Bribery of a state executive officer: This is a felony charge. If you are convicted under this section, you could be sentenced to State Prison for up to two, three, or four years. You would be required to serve 50% of that time in custody. You would also be disqualified from holding any office in California.

2. PC 68 An officer asking for or receiving a bribe: This is a felony charge. If you are convicted under this section, you could be sentenced to State Prison for up to two, three, or four years. You would be required to serve 50% of that time in custody. You would also be disqualified from holding any office in California.

3. PC 641.3 Commercial bribery: This is a wobbler violation, where you can be charged with a misdemeanor or a felony, depending on the amount of the bribe. Commercial Bribery of $1,000 or less is a misdemeanor. You can be sentenced to up to 180 days in County Jail. Commercial Bribery that is over $1,000 is a felony, and you can be sentenced to State Prison for upwards of 16 months, 2 or 3 years. You would be required to serve 50% of that time in custody.

This is not a strike under the Three Strikes Law. Bribery crimes are considered crimes involving moral turpitude. A crime involving moral turpitude is a crime that is deemed to be morally wrong and carries negative consequences for licensed professionals and non-U.S. citizens. This is because the charge consists of lying and dishonesty.

Common Defenses for Bribery

1. Statute of Limitations
2. Insufficient Evidence
3. Entrapment
4. Violation of Rights

As with any other offense, when Entrapment happens, it must involve the criminal design coming from the police authority and not from you. For example, if you are attempting to bribe a District Attorney to avoid your loved one being charged with a crime, then it would be hard to show you were Entraped into doing this crime. However, if you attempt to request that your loved one not be charged with a crime, and the District Attorney tells you that they can make “this all go away” if you help them and pressure you to pay them $10,000 to dismiss the case, then you were Entrapped.

Call Today

Facing charges for bribery under PC 67, PC 68, or PC 641.3 is a serious matter, particularly given the long-lasting impacts a criminal conviction can have on your future. This is especially true for individuals navigating the immigration process or those who hold professional licenses, where the consequences can be even more dire. Theft crimes, with their inherent implication of dishonesty, can be particularly damaging to one’s future prospects.

With experience in handling such cases, I understand the challenges and the importance of mounting a strong defense. Our PC 67 Ontario attorney at Inland Empire Criminal Defense has a track record of successfully defending numerous individuals charged with bribery offenses. We understand the gravity of these charges and are committed to providing a robust and effective defense strategy tailored to your unique situation.

We believe everyone deserves a chance to present their case and protect their future. That’s why we offer a free initial consultation to discuss the specifics of your case and answer any questions you might have. Our team is available 24/7, ensuring you have access to the support and guidance you need whenever you need it.

If you or a loved one is facing bribery charges under PC 67, PC 68, or PC 641.3, don’t hesitate to seek the professional legal assistance necessary to navigate this difficult situation. Contact Inland Empire Criminal Defense today at 909-939-7126. Our office, located in Ontario, CA, is here to assist you in fighting for your rights and securing a better future.