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California Penal Code 67 PC – Bribery Of Executive Officer

CALIFORNIA PENAL CODE 67 PC – BRIBERY OF EXECUTIVE OFFICER 

Los Angeles Criminal Defense LawyerIn California, Penal Code § 67 PC criminalizes the act of bribing executive officers, which includes individuals like district attorneys and police officers. This offense is considered a felony and can result in a maximum punishment of up to 4 years of incarceration in jail or prison.

The criminal offense of Bribery occurs when an individual offers something valuable to an executive officer or public employee with the intention of improperly influencing that individual’s official actions. Both the person offering the bribe and the official who accepts the bribe can be held accountable for this offense.

Section 67 PC states that “Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state.”

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=67.

ELEMENTS

In order to secure a conviction under this statute, a prosecutor must demonstrate the following elements:

  • The accused either offered or provided a bribe to an executive officer, and
  • There was a corrupt intent to unlawfully influence the officer’s official act, decision, vote, or opinion.

According to this law, a “bribe” refers to something of immediate or future value or advantage, or a promise to provide something of immediate or future value or advantage.

See also  CALIFORNIA PENAL CODE 68 PC - BRIBERY BY AN EXECUTIVE OFFICER CALIFORNIA 

“Corrupt intent” is established when an individual acts to wrongfully gain a financial or other advantage for themselves or someone else.

An “executive officer” is a government official with discretionary power in carrying out their official duties. This category includes individuals such as district attorneys, police chiefs, police officers, and deputy city coroners.

EXAMPLE

John, a wealthy business owner, is frustrated with the slow progress of his company’s permit application for a large construction project. Desperate to expedite the process, he approaches a high-ranking executive officer in the relevant government department and offers a significant sum of money as a bribe in exchange for favorable treatment and the speedy approval of the permits.

Unbeknownst to John, the executive officer had been under investigation by internal affairs for corruption. The officer immediately reports the bribery attempt to law enforcement, and John is subsequently charged under Penal Code § 67 PC for bribery of an executive officer.

If convicted, John may face felony charges and potential penalties, such as imprisonment in state prison for up to four years and substantial fines.

PENALTIES, PUNISHMENT, AND SENTENCING

A violation of Penal Code 67 is classified as a felony offense and carries the following potential penalties:

  • Imprisonment in a state prison for a maximum of four years
  • Imposition of significant fines.

DEFENSES

There are several legal defenses available for a charge under Penal Code 67:

  • No executive officer: It is a defense to show that the person alleged to have been bribed was not an executive officer. However, if a bribe was still made or offered, the accused person may still be charged under a different penal code section.
  • No corrupt intent: A person can raise the defense that they did not have a corrupt intent when offering a bribe. It is necessary to prove that there was no intention to unlawfully influence an officer’s official actions. For example, the accused may argue that they gave something of value as a gift rather than a bribe.
  • Entrapment: Entrapment can be a defense for bribery charges if it can be shown that law enforcement induced the person to commit the crime. Entrapment is a valid defense if it can be proven that the accused only committed the crime as a result of the entrapment.
See also  CALIFORNIA PENAL CODE 641.3 PC - COMMERCIAL BRIBERY LAW

IMMIGRATION CONSEQUENCES

It’s important to note that a bribery conviction, particularly for a felony offense, can have significant negative immigration consequences.

In California, certain felonies, including bribery, may be classified as “aggravated felonies” based on the specific circumstances of the case. If a non-citizen defendant is found guilty of one of these offenses, they can face deportation or be marked as inadmissible.

Therefore, if the facts of the case demonstrate that the bribery offense qualifies as an aggravated felony, a conviction under these laws can have detrimental immigration consequences.

It is crucial for non-citizen defendants to be aware of the potential immigration impact of their criminal charges and to seek the advice of an immigration attorney who can provide guidance on how to navigate these complex issues.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

In order for a defendant convicted under these laws to be eligible for expungement, they must receive a penalty of probation or a fine instead of a prison sentence.

It is important to emphasize that a conviction cannot be expunged if the defendant is sentenced to imprisonment for the crime.

RELATED CRIMES

  • Executive officer taking a bribe – California Penal Code Section 68 PC
  • Bribery by and of legislators – California Penal Code Section 85 PC and 86 PC
  • Bribery of county supervisors or public corporations – California Penal Code Section 165 PC
  • Bribery of Judges/Jurors – California Penal Code Section 92 PC and California Penal Code Section 93 PC
  • Bribery of Witnesses – California Penal Code Section 137 PC and Californian Penal Code Section 138 PC
  • Commercial Bribery – California Penal Code Section 641.3 PC
See also  CALIFORNIA PENAL CODE 68 PC - BRIBERY BY AN EXECUTIVE OFFICER CALIFORNIA 

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or a loved one is facing bribery charges or being investigated for such offenses, it is essential to seek the guidance of a highly skilled and experienced criminal defense attorney in Los Angeles. Cyrus Tabibnia, a well-respected Los Angeles Criminal Defense Attorney, has over 19 years of experience and is known for his strong defense representation in bribery cases.

For more information about bribery charges under Penal Code 67 PC and to arrange a free consultation, please contact Cyrus Tabibnia at the Tabibnia Law Firm. You can reach him at 866-713-2159.

Sources:

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

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