CALCRIM No. 2612

The defendant is charged [in Count] with receiving a bribe as a

witness [in violation of Penal Code section 138(b)].

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

prove that:

1. The defendant was (a witness/about to be called as a witness);

2. The defendant (received/ [or] offered to receive) a bribe;

3. When the defendant (received/ [or] offered to receive) the bribe,

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

(his/her) testimony/cause (him/her) not to attend the (trial/

<insert type of other judicial proceeding>)). The

representation may have been express or implied;

AND

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

unlawfully (influence (his/her) testimony/cause (him/her) not to

attend the (trial/ <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 requested or

received with corrupt intent.

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 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.]]

[Offering to receive 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