California Criminal Jury Instructions (CALCRIM) (2017)

2603. Requesting or Taking a Bribe

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2603.Requesting or Taking a Bribe (Pen. Code, §§ 68, 86, 93)
The defendant is charged [in Count ] with (requesting[,]/
taking[,]/ [or] agreeing to take) a bribe [in violation of
<insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant was (a/an) (executive officer/ministerial officer/
employee/appointee/legislative officer/judicial officer) of the (State
of California/City of <insert name of city>/County
of <insert name of county>/<insert
name of political subdivision from Pen. Code, § 68>);
2. The defendant (requested[,]/ took[,]/ [or] agreed to take) a bribe;
3. When the defendant (requested[,]/ took[,]/ [or] agreed to take)
the bribe, (he/she) represented that the bribe would unlawfully
influence (his/her) official (act[,]/ decision[,]/ vote[,]/ [or] opinion).
The representation may have been express or implied;
AND
4. The defendant acted with the corrupt intent that (his/her) public
or official duty would be unlawfully influenced.
As used here, bribe means something of present or future value or
advantage, or a promise to give such a thing, that is requested or taken
with the corrupt intent that the public or official action, vote, decision,
or opinion of the person to who is requesting, taking, or agreeing to
take the bribe, will be unlawfully influenced.
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.
[An executive officer is a government official who may use his or her
own discretion in performing his or her job duties. [A
<insert title, e.g., police offıcer, commissioner, etc.> is an executive
officer.]]
[A ministerial officer is an officer who has a clear and mandatory duty
involving the performance of specific tasks without the exercise of
discretion.]
[A legislative officer is a member of the (Assembly/Senate/
<insert name of other legislative body specified in Penal Code, § 86>) of
this state.]
[A judicial officer includes a (juror[,]/ [or] judge [,]/ [or] referee[,]/ [or]
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commissioner[,]/ [or] arbitrator [,]/ [or] umpire[,]/ [or] [other] person
authorized by law to hear or determine any question or controversy).]
[Requesting or agreeing to take a bribe does not require specific words or
behavior, as long as the language used and the circumstances clearly
show that the person is seeking a bribe from someone else. [The People
do not need to prove that the other person actually consented to give a
bribe.]]
[The People do not need to prove that the defendant made any effort to
follow through on the purpose for which the bribe was sought.]
New January 2006; Revised June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give the bracketed definition of “requesting or agreeing to take a bribe” if the
prosecution is pursuing this theory.
Give the bracketed sentence that begins with “The People do not need to prove that
the defendant made any effort to follow through” if there is no evidence that the
defendant took any action based on the alleged bribe.
AUTHORITY
• Elements. Pen. Code, §§ 68, 86, 93.
Bribe Defined. Pen. Code, § 7, subd. 6.
• Corruptly Defined. Pen. Code, § 7, subd. 3.
• Executive Officer Defined. People v. Strohl (1976) 57 Cal.App.3d 347, 361
[129 Cal.Rptr. 224].
• Ministerial Officer Defined. Gov. Code, § 820.25(b); People v. Strohl (1976)
57 Cal.App.3d 347, 361 [129 Cal.Rptr. 224].
• Legislative Member. Pen. Code, § 86.
• Judicial Officer. Pen. Code, § 93.
• Corrupt Intent Is an Element of Bribery. People v. Gliksman (1978) 78
Cal.App.3d 343, 346–350 [144 Cal.Rptr. 451]; People v. Zerillo (1950) 36
Cal.2d 222, 232 [223 P.2d 223].
• Meaning of Understanding or Agreement. People v. Pic’l (1982) 31 Cal.3d
731, 738–740 [183 Cal.Rptr. 685, 646 P.2d 847]; People v. Diedrich (1982) 31
Cal.3d 263, 273–274 [182 Cal.Rptr. 354, 643 P.2d 971]; People v. Gliksman
(1978) 78 Cal.App.3d 343, 346–350 [144 Cal.Rptr. 451].
• Bribery and Extortion Distinguished. People v. Powell (1920) 50 Cal.App.
CRIMES AGAINST GOVERNMENT CALCRIM No. 2603
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436, 441 [195 P. 456].
Secondary Sources
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).
RELATED ISSUES
See the Related Issues section of CALCRIM No. 2600, Giving or Offering a Bribe
to an Executive Offıcer.
2604–2609. Reserved for Future Use
CALCRIM No. 2603 CRIMES AGAINST GOVERNMENT
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