•[Who has reported a crime to a (peace officer[,]/ [or]
prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional
officer[,]/ [or] judicial officer)(;/.)]
•Who has been served with a subpoena issued under the authority
of any state or federal court.]]
[A person is about to be called as a witness (if he or she knows or has
been told that he or she will be called as a witness [,]/ [or] if he or she
knows material information relating to the issues in a case that has been
or may be ﬁled).]
[Information is material if it is signiﬁcant or important.]
[(A/The) (district attorney[,]/ [or] deputy district attorney[,]/ [or] city
attorney[,]/ [or] deputy city attorney[,]/ [or] Attorney General[,]/
[or]deputy attorney general[,]/ [or] <insert title of peace
offıcer included in Pen. Code, § 830 et seq.>) is a law enforcement
[The (witness/ [or] person giving information) does not need to (have
accepted the bribe[,]/ have been inﬂuenced by the bribe[,]/ [or] have
intended to give the (testimony/information) the defendant sought).]
[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
time it is offered, or have a speciﬁc value.]]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
Give the bracketed sentence that begins with “The (witness/person giving
information) does not need” if the evidence shows the witness did not accept the
bribe or follow through on the bribe.
Give the bracketed deﬁnition of “offering a bribe” if the prosecution is pursuing
this theory. Give the bracketed sentence that begins, “The thing offered does not
need to actually,” on request.
• Elements. Pen. Code, § 137(a).
•Witness Deﬁned. Pen. Code, § 136(2).
CALCRIM No. 2610 CRIMES AGAINST GOVERNMENT