US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 10.1
Official Act— Defined (18 U.S.C. § 201(a)(3))
“Official act” means any decision or action on a [question] [matter] [cause] [suit] [proceeding] [controversy] involving the formal exercise of governmental power. The [question] [matter] [cause] [suit] [proceeding] [controversy] must be pending, or be able by law to be brought, before a public official, and the [question] [matter] [cause] [suit] [proceeding] [controversy] must be something specific and focused, rather than a broad policy objective.
[The official’s decision or action may include using [his] [her] official position to exert pressure on another official to perform an official act, or to advise another official, knowing or intending that such advice will form the basis for an official act by another official. The bribe recipient need not be the final decisionmaker.]
The government does not need to prove that the defendant ever actually intended to perform an official act or that the defendant ever did, in fact, perform an official act, provided that [he] [she] agreed to do so.
[Merely arranging a meeting, hosting an event, or giving a speech, do not qualify as the taking of a specific action.]
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
978b48f8a732a277def9d8d6eb378febc20c50a1a004b56185cc269d66bdacde
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