CALCRIM No. 2610

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

offering[,]/ [or] promising) a bribe to a witness [in violation of Penal

Code section 137(a)].

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

prove that:

1. The defendant (gave[,]/ [or] offered[,]/ [or] promised) a bribe to

(a witness[,]/ [or] a person about to be called as a witness[,]/ [or]

a person about to give material information to a law enforcement

official about a crime)[,] [or to someone acting on the (witness’s/

[or] person’s) behalf];

AND

2. The defendant acted with the corrupt intent to persuade the

(witness/ [or] person) to agree that the bribe would unlawfully

influence the (testimony/information) that the (witness/ [or]

person) would give.

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

advantage, or a promise to give such a thing, that is given or offered

with the corrupt intent to unlawfully influence the testimony or

information of the person to whom the bribe is given.

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.

[As used here, witness means someone [or a person the defendant

reasonably believed to be someone]:

<Give the appropriate bracketed paragraph[s].>

• [Who knows about the existence or nonexistence of facts relating

to a crime(;/.)]

[OR]

• [Whose declaration under oath has been or may be received as

evidence(;/.)]

[OR]

• [Who has reported a crime to a (peace officer[,]/ [or]

prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional

officer[,]/ [or] judicial officer)(;/.)]

[OR

• Who has been served with a subpoena issued under the authority

of any state or federal court.]]

[A person is about to be called as a witness (if he or she knows or has

been told that he or she will be called as a witness [,]/ [or] if he or she

knows material information relating to the issues in a case that has been

or may be filed).]

[Information is material if it is significant or important.]

[(A/The) (district attorney[,]/ [or] deputy district attorney[,]/ [or] city

attorney[,]/ [or] deputy city attorney[,]/ [or] Attorney General[,]/ [or]

deputy attorney general[,]/ [or] <insert title of peace offıcer

included in Pen. Code, § 830 et seq.>) is a law enforcement official.]

[The (witness/ [or] person giving information) does not need to (have

accepted the bribe[,]/ have been influenced by the bribe[,]/ [or] have

intended to give the (testimony/information) the defendant sought).]

[Offering a bribe does not require specific words or behavior, as long as

the language used and the circumstances clearly show an intent to bribe.

[The thing offered does not need to actually be given, exist at the time it

is offered, or have a specific value.]]

New January 2006