Justia Criminal Law Center California Criminal Jury Instructions (CALCRIM) (2024) Crimes Against Government CALCRIM No. 2610. Giving or Offering a Bribe to a Witness (Pen. Code, § 137(a))

CALCRIM No. 2610. Giving or Offering a Bribe to a Witness (Pen. Code, § 137(a))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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B. BRIBERY OR INTIMIDATION OF WITNESS

(i) Bribery

2610.Giving or Offering a Bribe to a Witness (Pen. Code, § 137(a))

The defendant is charged [in Count ] with (giving[,]/ [or]

offering[,]/ [or] promising) a bribe to a witness [in violation of Penal

Code section 137(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (gave[,]/ [or] offered[,]/ [or] promised) a bribe to

(a witness[,]/ [or] a person about to be called as a witness[,]/ [or]

a person about to give material information to a law enforcement

official about a crime)[,] [or to someone acting on the (witness’s/

[or] person’s) behalf];

AND

2. The defendant acted with the corrupt intent to persuade the

(witness/ [or] person) to agree that the bribe would unlawfully

influence the (testimony/information) that the (witness/ [or]

person) would give.

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 testimony or

information of the person to whom the bribe is given.

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.

[As used here, witness means someone [or a person the defendant

reasonably believed to be someone]:

•[Who knows about the existence or nonexistence of facts relating

to a crime(;/.)]

[OR]

•[Whose declaration under oath has been or may be received as

evidence(;/.)]

[OR]

•[Who has reported a crime to a (peace officer[,]/ [or]

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prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional

officer[,]/ [or] judicial officer)(;/.)]

[OR

•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 official.]

[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

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give this instruction defining the elements of the

crime.

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.

AUTHORITY

• Elements. Pen. Code, § 137(a).

• Witness Defined. Pen. Code, § 136(2).

• Bribe Defined. Pen. Code, § 7, subd. 6.

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• Corruptly Defined. Pen. Code, § 7, subd. 3.

• Law Enforcement Official Defined. Pen. Code, § 137(e).

• About to Be Called as a Witness. People v. Broce (1977) 76 Cal.App.3d 71,

75-76 [142 Cal.Rptr. 628].

• 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].

• Intent Requirement. People v. Gliksman (1978) 78 Cal.App.3d 343, 346-350

[144 Cal.Rptr. 451].

• Offering a Bribe. People v. Britton (1962) 205 Cal.App.2d 561, 564 [22

Cal.Rptr. 921].

RELATED ISSUES

Extortion Distinguished

Extortion is bribery with the additional element of coercion. Accordingly, one

cannot be guilty of receiving a bribe and extortion in the same transaction. (People

v. Powell (1920) 50 Cal.App. 436, 441 [195 P. 456].)

Witness

A witness need not have information that is actually true or that relates to charges

that result in conviction. (People v. Cribas (1991) 231 Cal.App.3d 596, 610-611

[282 Cal.Rptr. 538].)

SECONDARY SOURCES

2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against

Governmental Authority, §§ 33-56.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,

Conspiracy, Solicitation, and Attempt, § 141.10 (Matthew Bender).

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Page last reviewed February 2025