Penal Code 67 & 68 PC – California Public Corruption Felonies
California law treats public corruption offenses with exceptional seriousness.
Under Penal Code 67 and Penal Code 68, both offering a bribe to an executive officer and soliciting or accepting a bribe by a public official are felony crimes punishable by state prison, substantial fines, and permanent disqualification from public office.
Because these statutes criminalize conduct on both sides of the transaction, individuals accused of bribery—whether private citizens or government officials—face severe legal and professional consequences if convicted.
Your best hope of a favorable outcome is with a skilled criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.
What Do Penal Code 67 and 68 Prohibit?
California's bribery laws target corruption involving executive officers and public employees.
Penal Code 67 – Offering a Bribe to an Executive Officer
Penal Code 67 makes it a felony to give or offer anything of value to an executive officer with the intent to unlawfully influence the officer's official duties, decisions, votes, or opinions.
A conviction does not require the officer to accept the bribe. The crime is complete once a bribe is offered with corrupt intent.
Penal Code 68 – Soliciting or Accepting a Bribe
Penal Code 68 applies to executive officers, ministerial officers, public employees, or appointees who ask for, receive, or agree to receive a bribe in exchange for influencing their official actions.
This statute also criminalizes attempted bribery—the bribe does not need to be paid for the offense to occur.
Who Qualifies as an “Executive Officer”?
The term executive officer is broadly defined under California law. It includes not only high-ranking officials, but any public servant with discretionary authority, such as:
-
Police officers and sheriff's deputies
-
District attorneys and city attorneys
-
City council members and county supervisors
-
State and local commissioners
-
Government employees empowered to make discretionary decisions
If an official has authority to exercise judgment on behalf of the government, they may qualify as an executive officer under these statutes.
Elements of the Crimes
Elements of Penal Code 67 (Offering a Bribe)
To convict under PC 67, the prosecution must prove beyond a reasonable doubt that:
-
You gave or offered something of value
-
The recipient was an executive officer
-
You acted with specific intent to corruptly influence an official act
Elements of Penal Code 68 (Soliciting or Accepting a Bribe)
To convict under PC 68, prosecutors must prove that:
-
The defendant was a public officer, employee, or appointee
-
The defendant asked for, received, or agreed to receive a bribe
-
The defendant understood the bribe would influence official conduct
Penalties for Bribery of an Executive Officer
A conviction under either statute is a felony and may result in:
-
State prison: 2, 3, or 4 years
-
Restitution fines (PC 68):
-
At least the value of the bribe received
-
Up to double the amount of the bribe
-
-
Forfeiture of office (for public officials)
-
Permanent disqualification from holding any public office or employment in California
The collateral consequences—loss of career, pension eligibility, and professional reputation—are often as devastating as incarceration.
Related California Bribery Crimes
Public-corruption cases frequently involve multiple overlapping statutes, including:
-
Bribery of legislators – Penal Code 85 & 86
-
Bribery of witnesses – Penal Code 137 & 138
-
Bribery of judges or jurors – Penal Code 92
-
Commercial bribery – Penal Code 641.3
Prosecutors often charge multiple counts to increase sentencing exposure and leverage. Under California Penal Code 518 PC, extortion by a public official is legally distinct from "private" extortion.
Common Defenses to Bribery Charges
Bribery cases frequently hinge on intent, context, and the interpretation of evidence. Common defense strategies include:
Lack of Corrupt Intent
The prosecution must prove corrupt intent. Legitimate gifts, political support, or actions taken without intent to influence an official act may not qualify as bribery.
Entrapment
If law enforcement induced conduct the defendant would not otherwise have committed, an entrapment defense may apply.
Insufficient Evidence
Bribery cases often rely on informants, recordings, or circumstantial evidence. Weak or ambiguous evidence may fail to meet the burden of proof.
No Official Act
If no official act was pending or contemplated, the alleged conduct may fall outside the scope of the statute.
Why Early Defense Representation Is Critical
Bribery allegations often arise from:
-
Sting operations
-
Undercover recordings
-
Internal investigations
-
Whistleblower reports
Once prosecutors file charges, reputational damage can occur immediately—even before guilt is determined. Early intervention allows defense counsel to challenge the investigation, preserve defenses, and negotiate before positions harden.
Speak With a Los Angeles Criminal Defense Lawyer
If you are accused of bribery under Penal Code 67 or 68, the consequences can permanently alter your career and freedom. Immediate legal guidance is essential.
Contact Eisner Gorin LLP, a criminal defense law firm experienced in handling high-stakes public corruption and felony bribery cases throughout California.
Common Questions Related to Bribery
Is bribery of an executive officer a felony in California?
Yes. Both offering and accepting a bribe are felony offenses.
Does the bribe need to be accepted to be illegal?
No. An offer made with corrupt intent is sufficient.
Can public officials lose their jobs if convicted?
Yes. Conviction results in forfeiture of office and permanent disqualification.
Can bribery charges be defended?
Yes. Many cases turn on intent, entrapment, or insufficient evidence.
If you have one phone call from jail, call us! If you are facing criminal charges,