California law treats bribery as a severe form of corruption, whether it involves public officials or private business dealings. The state enforces strict penalties to deter individuals from compromising the integrity of government institutions or fair business practices.
In California, Public Bribery (PC 67-68) is a serious felony involving corrupting a public official to influence official actions.
Commercial Bribery (PC 641.3), usually a misdemeanor, concerns private sector employees accepting bribes (over $250) for their employer's benefit.
The main difference lies in the involvement of public office versus private employment and the associated penalties, though both crimes aim to sway decisions corruptly.
If you have been accused of bribery, whether it's public or commercial bribery, you are facing significant legal jeopardy that can result in lengthy prison sentences, substantial fines, and a permanent criminal record.
Given the aggressive nature of prosecution in corruption cases, securing an experienced California criminal defense attorney is critical to protecting your rights and freedom.
California laws are strict against both public and commercial forms of bribery, but they are two distinct types of crime. Our California criminal defense lawyers will explore both.
Key Takeaways
- Under California Penal Code Sections 67 and 68, offering or accepting such a bribe is a felony. Penal Code 67 makes it illegal to bribe an executive officer, including officials such as district attorneys and police officers.
- Under Penal Code 641.3 PC, it is a crime for any company employee to accept a bribe in return for using their position to benefit someone else. This offense is called "commercial bribery."
Public Bribery in California
California law strictly opposes government corruption, making any bribery involving an executive officer a serious offense with severe penalties.
Public bribery involves the corrupt payment, receipt, or solicitation of something of value to influence the official actions of a government employee or public official. The law targets both the person offering the bribe and the official receiving it.
In California, public bribery is primarily prosecuted under Penal Code 67 and 68. Penal Code 67 PC makes it a crime to give or offer a bribe to an executive officer in the state, while Penal Code 68 PC makes it a crime for an executive officer to ask for or receive a bribe.
Similar statutes exist for legislative officials (Penal Code 85 and 86) and judicial officers (Penal Code 92 and 93). The prosecution must prove specific intent. It is not enough that money changed hands; there must be "corrupt intent" to unlawfully influence the official's behavior.
Potential Penalties
Public bribery is a felony offense. A conviction under Penal Code 67 or 68 PC can lead to imprisonment in state prison for 2, 3, or 4 years. Additionally, if the defendant is a public official, they will typically forfeit their office and be permanently disqualified from holding any office in the state.
EXAMPLE: A local real estate developer wants a zoning permit approved quickly so they can begin construction on a lucrative project. The permit is currently stalled on a city council member's desk. The developer meets the council member for lunch and offers $15,000 in cash in exchange for "expediting" the permit signature. If the council member accepts, both the developer and the council member have committed public bribery.
Commercial Bribery in California
While public bribery focuses on government integrity, commercial bribery protects the integrity of private business relationships. This offense occurs when an employee or agent accepts a bribe to act against their employer's or principal's best interests.
Commercial bribery is codified under California Penal Code 641.3 PC. This statute makes it illegal for an employee to solicit or accept money or anything of value (exceeding $250) from a third party in return for using their position to benefit that third party, without the employer's knowledge or consent.
It is equally illegal for a third party to offer such a bribe to an employee. The key element here is the breach of trust between employer and employee. The law aims to prevent corruption that undermines fair competition and honest business dealings.
Possible Penalties
Commercial bribery can be charged as a misdemeanor or a felony, depending on the amount of the bribe and the circumstances, making it a "wobbler" offense.
- Misdemeanor: If the bribe is $1,000 or less, it is typically a misdemeanor punishable by up to one year in county jail.
- Felony: If the bribe exceeds $1,000, it can be charged as a felony, punishable by 16 months, two years, or three years in state prison.
EXAMPLE: A purchasing manager for a large retail chain is responsible for selecting vendors for office supplies. A salesperson from a struggling paper company offers the manager a $5,000 luxury vacation package if the manager agrees to sign an exclusive two-year contract with the company, bypassing the standard competitive bidding process. If the manager accepts this kickback without informing their employer, this constitutes commercial bribery.
What are the Related Crimes?
California has multiple laws concerning an executive officer accepting bribes, including the following:
- Bribery involving legislators (PC 85 and 86): Penal Code 85 PC prohibits offering a bribe or employing other corrupt methods to influence a California legislator's vote. This includes state legislators and city or county board members. Penal Code 86 PC criminalizes a legislator who requests or accepts a bribe.
- Bribery involving witnesses (PC 137 and 138): Penal Code 137 PC states that it is illegal to give or offer a bribe to a witness to influence their testimony or statements to law enforcement. Meanwhile, Penal Code 138 PC makes it a felony for witnesses to accept or request a bribe that affects their testimony or their willingness to appear in court.
- Bribery of judges or jurors (PC 92): Penal Code 92 PC criminalizes offering or giving a bribe to a judicial officer, including judges, arbitrators, or jurors. Convictions can lead to imprisonment for up to four years.
How a Criminal Defense Attorney Can Help
Bribery cases are complex and often rely on circumstantial evidence of intent. Prosecutors must prove beyond a reasonable doubt that a gift or payment was made with corrupt intent, not as a legitimate transaction or innocent gift.
An experienced California criminal defense attorney can challenge evidence, question the legality of surveillance or wiretaps, and build a strong defense strategy. Common defenses against bribery charges include:
- Lack of Corrupt Intent: Arguing that there was no "quid pro quo" (this for that) arrangement. If a gift is given without the expectation of a specific official act in return, it may not constitute bribery under the law.
- False Accusation: Whether it's due to a misinterpretation of intent, mistaken identity, or even an attempt at vengeance, false accusations of bribery are more common than you think. The attorney will present evidence that directly refutes the claim.
- Entrapment: This defense applies if law enforcement officers induced a normally law-abiding person to commit a crime they would not have otherwise committed. This is common in sting operations.
For additional details or a case review, contact the criminal defense law firm at Eisner Gorin LLP.
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