Description

The crime of Commercial Bribery may be charged to an employee who solicits, accepts or agrees to accept money or anything of value from a person together than his or her employer, other than in trust for the employer, corruptly and without the knowledge or consent of the employer, in return for using or agreeing to use his or her position for the benefit of that other person.

What does the prosecutor have to prove?

Felony: 1. Defendant was an employee.
2. Defendant solicited, accepted, or agreed to accept money or a thing of value from another person.
3. The other person was not Defendant’s employer.
4. Defendant used, or agreed to use, his or her position for the benefit of the other person.
5. Defendant acted corruptly and without the knowledge and consent of the employer.
6. The amount of the bribe exceeded one thousand dollars ($1000.00). or
1. Defendant was not an employee.
2. Defendant offered or gave an employee money or a thing of value in return for said employee using, or agreeing to use, his or her position for the benefit of Defendant.
3. The amount of the bribe exceeded one thousand dollars ($1000.00).
Misdemeanor: All except: 6 and 3. The amount of the bribe was one thousand dollars ($1000.00) or less.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
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