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
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;
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
[A ministerial officer is an officer who has a clear and mandatory duty
involving the performance of speciﬁc tasks without the exercise of
[A legislative officer is a member of the (Assembly/Senate/
<insert name of other legislative body speciﬁed in Penal Code, § 86>) of
[A judicial officer includes a (juror[,]/ [or] judge [,]/ [or] referee[,]/ [or]