CALCRIM No. 2611

Code, § 138(a))

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

offering[,]/ [or] promising) a bribe to a witness not to testify [in violation

of Penal Code section 138(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 to

someone else acting on the (witness’s/ [or] person’s) behalf];

AND

2. The defendant acted with the corrupt intent that the bribe would

unlawfully persuade the (witness/ [or] person) not to attend (a

trial/ [or] <insert type of other judicial proceeding>).

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 witness not to attend

(a trial/ [or] <insert type of other judicial proceeding>).

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.]]

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

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

failed to attend (the trial[,]/ [or] <insert type of other judicial

proceeding>)).]

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

the language used and the circumstances clearly show an intent to

ensure that the witness will not attend (a trial/ [or] <insert

type of other judicial proceeding>). [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