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