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CA · jury_instructions

CALCRIM No. 2603

Requesting or Taking a Bribe (Pen. Code, §§ 68, 86, 93)

activein force · 2025-01-01 – presentcompiled-edition

The defendant is charged [in Count] with (requesting[,]/

taking[,]/ [or] agreeing to take) a bribe [in violation of

<insert appropriate code section[s]>].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant was (a/an) (executive officer/ministerial officer/

employee/appointee/legislative officer/judicial officer) of the (State

of California/City of <insert name of city>/County of

<insert name of county>/ <insert name

of political subdivision from Pen. Code, § 68>);

2. The defendant (requested[,]/ took[,]/ [or] agreed to take) a bribe;

3. When the defendant (requested[,]/ took[,]/ [or] agreed to take) the

bribe, (he/she) represented that the bribe would unlawfully

influence (his/her) official (act[,]/ decision[,]/ vote[,]/ [or] opinion).

The representation may have been express or implied;

AND

4. The defendant acted with the corrupt intent that (his/her) public

or official duty would be unlawfully influenced.

As used here, bribe means something of present or future value or

advantage, or a promise to give such a thing, that is requested or taken

with the corrupt intent that the public or official action, vote, decision,

or opinion of the person to who is requesting, taking, or agreeing to take

the bribe, will be unlawfully influenced.

A person acts with corrupt intent when he or she acts to wrongfully gain

a financial or other advantage for himself, herself, or someone else.

[An executive officer is a government official within the executive branch

who may use his or her own discretion in performing his or her job

duties. [A <insert title, e.g., police offıcer , commissioner , etc.>

is an executive officer.]]

[A ministerial officer is an officer who has a clear and mandatory duty

involving the performance of specific tasks without the exercise of

discretion.]

[A legislative officer is a member of the (Assembly/Senate/

<insert name of other legislative body specified in Penal Code, § 86>) of

this state.]

[A judicial officer includes a (juror[,]/ [or] judge [,]/ [or] referee[,]/ [or]

commissioner[,]/ [or] arbitrator [,]/ [or] umpire[,]/ [or] [other] person

authorized by law to hear or determine any question or controversy).]

[Requesting or agreeing to take a bribe does not require specific words or

behavior, as long as the language used and the circumstances clearly

show that the person is seeking a bribe from someone else. [The People

do not need to prove that the other person actually consented to give a

bribe.]]

[The People do not need to prove that the defendant made any effort to

follow through on the purpose for which the bribe was sought.]

New January 2006; Revised June 2007, September 2024

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2025
Content hash
7ae167c3c65dcd2a2f2b2fcf4b96d7324d7d6b0c9b73387dd30a2823ca6848e7
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