Description

It is a crime to bribe a public official or for a public official to accept a bribe. Violators may be charged with Bribery of CA Legislators or Elected Officials. § 85: To give, or offer to give, a bribe to any Member of the Legislature, or legislative body of a city, county, school district or special district, or attempt by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attention any meeting of the body. § 86: Any member of either house of the Legislature, or the legislative body of a city count, school district or other special district, who asks received or agrees to receive any bribe, upon the understanding that his or her official vote, opinion, judgment or action shall be influenced may be guilty of a felony.

What does the prosecutor have to prove?

Briber (§85): 1. Defendant gave or offered a bribe to a Member of the Legislature, any member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for such member.
2. Defendant used menace, deceit, suppression of truth, or any corrupt means.
3. Defendant intended to influence such Legislator in respect to any act, decision, vote, opinion, or other proceeding as such officer.
[PC 85] Bribee (§86): 1. Defendant was a Member of either house of the Legislature, or a member of the legislative body of a city, county, city and county, school district, or other special district.
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 86]

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?No
Do I lose my right to vote if convicted?No
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