All About California Bribery Laws
In California, there are a variety of bribery laws that attempt to stamp out corruption. Though most of the statutes target public officials, private individuals can also run afoul of bribery laws. This means you can find yourself in trouble under California’s bribery laws even without involving an elected representative or government employee. However, the most severe penalties are reserved for people who attempt to improperly influence individuals in the public trust.
How Does California Define Bribery?
California’s legal definition of a bribe covers anything of value, even if the only value is in the future, that is offered, received, or given with corrupt intent when the thing of value was offered, received, or provided in order to unlawfully influence the recipient in any public or official capacity.
Under California law, the definition of value allows a promise to take some future action to count as the basis of a bribe, and the corrupt intent required can be any wrongful gain for you or someone else. It also does not even have to be a financial gain, but instead any undue advantage.
Additionally, because a bribe only needs to be “offered” for a crime to be committed, it is irrelevant whether the bribe is actually given or received. The same is true of the wrongful gain sought by the briber. This means you can be convicted of bribery even if you do not actually give or receive anything.
Who Is Subject to Bribery Laws in California?
California’s series of bribery laws outline the officials and individuals that may be recipients of illegal inducements. First are any ‘executive officers,’ which includes any government official who has discretion in carrying out their job duties. Some examples of executive officers are law enforcement personnel or district attorneys.
The next category of officials covered by bribery laws is ‘legislators.’ These individuals include state legislators and members of city council, school boards, or other local lawmaking bodies. Additionally, bribing a member of the board of trustees of any county, city, or public corporation is a crime.
It is also illegal to bribe court employees, such as judges, judicial officials, magistrates, and hearing officers, as well as jurors or witnesses in any legal matter. Finally, there is a prohibition on commercial bribery, where an employee uses their job duties to benefit the person who bribed them.
Punishments for Bribery Crimes in California
It is crucial to understand that California bribery laws criminalize both the giving and the taking of a bribe. The person who offers or gives the bribe is as equally guilty as the individual who receives the thing of value. However, the status of the recipient is essential for determining the level of punishment.
Bribing any public official, regardless of their position, will result in felony charges against you. The maximum penalty for felony bribery is a four-year sentence in state prison.
Commercial bribery of a private individual can be charged as either a felony or a misdemeanor. If the bribe offered or given was worth $1,000 or less, commercial bribery is a misdemeanor, and the top punishment is a year stint in county jail. But if the bribe was worth more than $1,000, you can face felony charges and up to three years in state prison.
If you have been accused of bribery in Santa Ana, California, you will need an experienced team of legal professionals to defend you. Request a free case review with the Chambers Law Firm today by calling 714-760-4088 or emailing dchambers@clfca.com to schedule meeting with one of our talented criminal defense attorneys.
