California Criminal Jury Instructions (CALCRIM) (2017)
2611. Giving or Offering a Bribe to a Witness Not to TestifyDownload PDF
2611.Giving or Offering a Bribe to a Witness Not to Testify (Pen.
Code, § 138(a))
The defendant is charged [in Count ] with (giving[,]/ [or]
offering[,]/ [or] promising) a bribe to a witness not to testify [in
violation of Penal Code section 138(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant (gave[,]/ [or] offered[,]/ [or] promised) a bribe to
(a witness/ [or] a person about to be called as a witness) [or to
someone else acting on the (witness’s/ [or] person’s) behalf];
2. The defendant acted with the corrupt intent that the bribe would
unlawfully persuade the (witness/ [or] person) not to attend (a
trial/ [or] <insert type of other judicial proceeding>).
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 witness not to attend
(a trial/ [or] <insert type of other judicial proceeding>).
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]:
<Give the appropriate bracketed paragraph[s].>
•[Who knows about the existence or nonexistence of facts relating
to a crime(;/.)]
•[Whose declaration under oath has been or may be received as
•[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
[The (witness/ [or] person giving information) does not need to (have
accepted the bribe[,]/ have been inﬂuenced by the bribe[,]/ [or] have
failed to attend (the trial[,]/ [or] <insert type of other
[Offering a bribe does not require speciﬁc words or behavior, as long as
the language used and the circumstances clearly show an intent to
ensure that the witness will not attend (a trial/ [or] <insert
type of other judicial proceeding>). [The thing offered does not need to
actually be given, exist at the time it is offered, or have a speciﬁc
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, § 138(a).
•Witness Deﬁned. Pen. Code, § 136(2).
• Bribe Deﬁned. Pen. Code, § 7, subd. 6.
• Corruptly Deﬁned. Pen. Code, § 7, subd. 3.
• 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].
CRIMES AGAINST GOVERNMENT CALCRIM No. 2611
• Offering a Bribe. People v. Britton (1962) 205 Cal.App.2d 561, 564 [22
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).
See the Related Issues section of CALCRIM No. 2610, Giving or Offering a Bribe
to a Witness.
CALCRIM No. 2611 CRIMES AGAINST GOVERNMENT