2602. Giving or Offering a Bribe to a Ministerial Officer: Value of Thing Offered
If you find the defendant guilty of (giving/ [or] offering) a bribe to a (ministerial officer/government employee/government appointee), you must then decide whether the People have proved the additional allegation that the defendant (offered/ [or] gave) the (officer/employee/appointee) (something worth more than $400/ <insert other item from Pen. Code, § 487>).
The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.
If the defendant is charged with a felony based on the value of the item offered or given (Pen. Code, § 67.5(b)), the court has a sua sponte duty to instruct on this sentencing factor.
This instruction must be given with CALCRIM No. 2601, Giving or Offering a Bribe to a Ministerial Officer.
The court must provide the jury with a verdict form on which the jury will indicate if the alleged sentencing factor has or has not been proved.
Elements. Pen. Code, § 67.5(b).
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Governmental Authority, §§ 32-55.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141, Conspiracy, Solicitation, and Attempt, § 141.10 (Matthew Bender).
(New January 2006)