Bribery of Judges or Jurors | Penal Code § 92 and 93

Description

Bribery of Judges or Jurors may be charged against any person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion or decision upon any matter or question. Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or questions shall be influenced thereby.

What does the prosecutor have to prove?

§ 92: 1. Defendant gave or offered a bribe to a judicial officer, or any person authorized by law to hear or determine any question or controversy in this state.
2. Defendant intended to influence him or her in respect to any act, decision, vote, opinion, or other proceeding as such officer. [PC 92]
§ 93: 1. Defendant was a judicial officer or juror or any other person authorized by law to hear or determine any question or controversy.
2. Defendant asked for, received, or agreed to receive a bribe.
3. Defendant’s request for, receipt of, or agreement to receive, a bribe was upon an agreement or understanding that his or her official action would be influenced thereby. [PC 93]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No