•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