California Criminal Jury Instructions (CALCRIM) (2017)
2612. Witness Receiving a BribeDownload PDF
2612.Witness Receiving a Bribe (Pen. Code, § 138(b))
The defendant is charged [in Count ] with receiving a bribe as a
witness [in violation of Penal Code section 138(b)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant was (a witness/about to be called as a witness);
2. The defendant (received/ [or] offered to receive) a bribe;
3. When the defendant (received/ [or] offered to receive) the bribe,
(he/she) represented that the bribe would unlawfully (inﬂuence
(his/her) testimony/cause (him/her) not to attend the (trial/
<insert type of other judicial proceeding>)). The
representation may have been express or implied;
4. The defendant acted with the corrupt intent that the bribe would
unlawfully (inﬂuence (his/her) testimony/cause (him/her) not to
attend the (trial/ <insert type of other judicial
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
received with corrupt intent.
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 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
[Offering to receive a bribe does not require speciﬁc words or behavior,
as long as the language used and the circumstances clearly show that
the person is seeking a bribe from someone else. [The People do not
need to prove that the other person actually consented to give a bribe.]]
[The People do not need to prove that the defendant made any effort to
follow through on the purpose for which the bribe was sought.]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
Give the deﬁnition of “offering to take a bribe” if that is the prosecution’s theory of
Give the bracketed sentence that begins with “The People do not need to prove” if
there is no evidence that the defendant took any action based on the alleged bribe.
• Elements. Pen. Code, § 138(b).
•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].
• 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
CALCRIM No. 2612 CRIMES AGAINST GOVERNMENT
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.
2613–2619. Reserved for Future Use
CRIMES AGAINST GOVERNMENT CALCRIM No. 2612