CA · jury_instructions
CALCRIM No. 2603
Requesting or Taking a Bribe (Pen. Code, §§ 68, 86, 93)
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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