A. BRIBERY OF OFFICIAL
2600.Giving or Offering a Bribe to an Executive Officer (Pen.
Code, § 67)
The defendant is charged [in Count ] with (giving/ [or] offering)
a bribe to an executive officer [in violation of Penal Code section 67].
To prove that the defendant is guilty of this crime, the People must
1. The defendant (gave/ [or] offered) a bribe to an executive officer
in this state [or someone acting on the officer’s behalf];
2. The defendant acted with the corrupt intent to unlawfully
inﬂuence that officer’s official (act[,]/ decision[,]/ vote[,]/
opinion[,]/ [or] <insert description of alleged conduct
in other proceeding>).
As used here, bribe means something of present or future value or
advantage, or a promise to give such a thing, that is given or offered
with the corrupt intent to unlawfully inﬂuence the public or official
action, vote, decision, [or] opinion, [or <insert description of
alleged conduct at other proceeding>] of the person to whom the bribe is
A person acts with corrupt intent when he or she acts to wrongfully gain
a ﬁnancial or other advantage for himself, herself, or someone else.
The official (act[,]/ decision[,]/ vote[,]/ opinion[,]/ [or] proceeding) the
defendant sought to inﬂuence must have related to an existing subject
that could have been brought before the public officer in his or her
official capacity. It does not have to relate to a duty speciﬁcally given by
statute to that officer.
An executive officer is a government official who may use his or her own
discretion in performing his or her job duties. [(A/An)
<insert title, e.g., police offıcer, commissioner, etc.> is an executive officer.]
[The executive officer does not need to have (accepted the bribe[,]/ [or]
performed the requested act[,]/ [or] deliberately failed to perform a
[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. [The thing offered does not need to actually be given, exist at the