Legislator Requesting or Taking a Bribe

Under California Penal Code 86, it is unlawful for a legislator to request or accept a bribe in exchange for being influenced in their official duties. Before you face a conviction under this statute, the prosecuting attorney must prove all the elements of the crime beyond a reasonable doubt. It means that your position as a legislative officer, your actions, and your corrupt intent must be clear.

Taking or requesting a bribe as a legislative officer is a serious felony punishable by incarceration, fines, and sometimes probation. Also, the conviction can affect your current position and future positions you hope to hold. If you or a loved one faces charges under PC 86 in San Diego, you will need the insight of a reliable lawyer. At the Law Offices of Anna R. Yum, we will offer the legal guidance and representation you need to fight your charges and secure a favorable case outcome.

An Overview of a Legislator Requesting or Taking a Bribe

California Penal Code 86 is a law that deals with bribery involving legislators. As a legislator, you hold a position of trust. Therefore, the public expects you to act honestly and make decisions that serve the community. When money, gifts, or favors are exchanged to influence your vote or decision, the law sees these activities as bribery.

Accepting or agreeing to take a bribe concerning your official duties is a felony under PC 86. The law applies regardless of the amount given as a bribe. An agreement to accept something of value, even if never implemented, may result in criminal liability. This statute safeguards the integrity and fairness of the legislative process. If you are charged with the offense, the prosecutor must prove the following elements beyond a reasonable doubt:

You Were a Legislative Officer

The prosecutor must show that you held a position at the legislative office at the time of the alleged crime. PC 86 only applies to people with the legal power to introduce, vote on, or influence laws. The prosecution will refer to public records and official documents to confirm whether you were in office.

You Requested, Took, or Agreed to Take a Bribe

The nature of your actions is another element that must be clear when establishing liability under PC 86. The prosecutor must prove that you either asked for a bribe, accepted one, or agreed to accept it. A bribe can be:

• Money
• Gifts
• Favors
• Services

Requesting a bribe, or agreeing to accept one, is enough to meet this element. Therefore, you could be convicted even if you did not receive the full payment. This statute aims to prevent corruption at every stage, not just after money has changed hands.

You Represented That the Bribe Would Unlawfully Influence Your Official Act, Decision, Vote, or Opinion

Requesting or accepting a bribe is insufficient to secure a conviction under PC 86. The prosecution must prove that you tied the bribe to your official actions. When you requested, took, or agreed to take the bribe, you represented that the payment or gift would affect your decisions. For example, if you promised to vote for a bill because of the bribe, that satisfies this element. The requirement directly links the crime and the misuse of your public position.

You Acted With Corrupt Intent.

The final element the prosecution must prove under PC 86 is your corrupt intent when taking or requesting the bribe. It indicates that you intentionally engaged in conduct for the very purpose of being unlawfully influenced. You must have known it was a payment to alter your official acts.

Corrupt intent is a state of mind in the moment. Prosecutors depend on your statements and actions and the circumstances around those statements and other actions to prove your intent.

Sentencing and Punishment for a Legislator Requesting or Taking a Bribe

A violation of California PC 86 is charged as a felony under California law. A conviction for the offense will result in the following legal penalties:

• Two (2), three (3), or four (4) years in state prison
• Fines up to $10,000, or an amount equal to the bribe, whichever is greater
• Felony Probation

Probation for Penal Code 86

If you are convicted of bribery under Penal Code 86, you may qualify for probation instead of serving time in state prison. Probation is a form of supervision that allows you to stay in the community under strict conditions.

Probation means the court allows you to avoid a full prison sentence. You remain in the community but must follow specific rules. A probation officer usually monitors your progress. For felony bribery cases, probation can last three to five years. The judge decides the length based on:

• The facts of your case
• Your criminal record
• Your behavior in court

The court may sentence you to probation if the judge believes you are not a danger to the community and are willing to follow strict rules. Your attorney can negotiate for a probation sentence by showing your clean record or other positive factors. The court also looks at the seriousness of the bribery and whether you accepted responsibility. If the court grants you probation, you must obey the following conditions:

• Paying fines. The court may order you to pay all the penalties for your case as part of your probation.
• Performing community service. While on probation, you must serve a specific number of hours.
• Staying away from anyone connected to the bribery. As part of your probation, the court can order that you avoid contact with other individuals involved. These could include witnesses, accomplices, and victims of your actions.
• Meeting regularly with your probation officer. While serving your felony probation, you must regularly report your progress to your probation officer.
• Not committing any new crimes. Probation allows you to avoid spending all your prison term behind bars. Therefore, you should refrain from other criminal acts during the probation period.

The goal of probation is to hold you accountable while allowing you to remain in the community. If you break the terms of your probation, the court can take severe action against you. Common violations include:

• Failing to meet your officer
• Missing court-ordered payments
• Committing a new offense

If the court finds that you violated one of these conditions, the judge can:

• Issue a warrant for your arrest
• Revoke your probation and send you to prison.
• Add stricter conditions or extend the probation period.

Violating probation is serious because the judge can impose the original prison sentence.

Collateral Consequences of a Conviction Under Penal Code 86

The consequences of a conviction under Penal Code 86 go beyond prison time and fines. The felony conviction enters your record and can impact other aspects of your life. Common collateral consequences of a conviction under this statute include:

Loss of Public Office

You will lose your current position if you are convicted of taking or requesting a bribe as a legislator. Bribery is a direct abuse of office. Therefore, you cannot keep your seat, regardless of the duration you served. Additionally, you will be permanently banned from holding any public office in California. This means you cannot run for office, work as a legislator, or have another political role in the future.

Damage to Your Reputation

A bribery conviction follows you for life. Voters, colleagues, and the community may no longer trust you. Even after you serve your sentence, rebuilding your reputation is very difficult. Employers, organizations, and political groups may distance themselves. A history of dishonesty can affect every part of your personal and professional relationships.

Limited Employment Opportunities

Most employers run background checks on potential employees. A felony conviction for bribery will show up on your record, and it can raise a red flag. Jobs that involve trust, finances, or leadership may be off-limits to you due to the conviction. Private companies may also hesitate to hire someone convicted of corruption. The conviction reduces your career options. The outcome can force you to take lower-paying or less stable jobs.

Immigration Consequences

For non-U.S. citizens, a bribery conviction may jeopardize your immigration status. Corruption and dishonesty are serious under immigration law. You could be deportable, inadmissible, or subject to another prohibition. Even if you have lived in the U.S. for decades, this felony can jeopardize your status. Immigration officials view public corruption as a significant breach of trust.

Legal Defenses Against California Penal Code 86

Defendants charged under California Penal Code 86 have a lot to lose. You may go to jail and have a permanent criminal record. But as with other charges, you are presumed innocent until proven guilty. With legal expertise, you can contest the charge. Possible defenses in such a case include:

You were not a Legislative Officer

Your position in the legislative office is a key element that the prosecution must prove in your case. Under this statute, you cannot be convicted if you were never in office. You can argue that you did not hold a senator or assembly member position. For this reason, PC 86 does not apply.

Your lawyer can present evidence showing that you were not serving as a legislator at the time of the alleged bribery. The defense works when the prosecution assumes your role without verifying it. The law is strict, but only applies to those with legislative power. However, you could be charged under another statute if you are in a position and accept a bribe to influence your decision.

No Bribe Was Requested or Accepted

The prosecutor must prove you asked for, took, or agreed to take a bribe. The charges cannot result in a conviction if no money, gift, or favor was exchanged or decided upon. You may argue that there was no bribe. For example, a personal loan or a small gift from a family member is not bribery. The defense highlights that not every benefit you receive counts as a crime.

No Link to Your Official Actions

The prosecution must establish a link between the bribe and the influence on your vote, decision, or duty. If the thing of value you received had no connection with your legislative role, you may not be guilty. For example, if a friend gave you a personal gift without a connection to your job, that is not bribery.

Your lawyer can argue that the alleged bribe had no link to your official acts. The key is whether the payment was offered or accepted in exchange for influence. Without that link, the charge does not stand.

Lack of Corrupt Intent

You must have acted with corrupt intent to be guilty of Penal Code 86. It means you knowingly agreed to misuse your office. If you had no intention of unlawful influence on your actions, the charge might not lead to your conviction. You may argue that you accepted a gift in good faith or with no plan to change your decisions.

Intent is a key element for a bribery offense. Without the intent, the prosecutor cannot prove bribery.

Entrapment

Entrapment happens when law enforcement pressures you into committing a crime you would not have committed otherwise. You can use entrapment as a defense if an investigator or undercover agent pushed you into agreeing to a bribe. You may argue that you had no intent to take a bribe until the police created the situation.

Entrapment focuses on the unfair conduct of law enforcement. It does not excuse bribery if you were willing from the start. However, it can apply when you are persuaded or manipulated into agreeing.

Insufficient Evidence

The prosecution must prove all the elements of PC 86 beyond a reasonable doubt. Bribery cases depend on testimony, recordings, or documents. If the evidence is unreliable, your attorney can challenge it. You cannot be convicted without clear evidence. Your attorney can challenge the credibility of witnesses or the accuracy of records. They might even claim that the evidence does not rise to the legal definition of bribery. The charge cannot be pursued without adequate evidence.

False Allegations

Sometimes the charge of bribery is based on a lie or misunderstanding. False charges of the crime can come from political opponents, disgruntled colleagues, or other vengeful sources. In those situations, one can argue that you have been falsely accused. Your attorney can bring evidence of your honesty, a clean record, or the accuser’s motive to lie.

Proving even minor inconsistencies in the narrative of the accusation can create doubt and discredit the allegation against you. This type of baseless allegation is typical of a political battle for power. A good defense will reveal the truth and work in your favor.

Civil Rights Restrictions

Felony convictions come with the loss of certain civil rights. You may lose your right to vote while serving your sentence. You cannot serve on a jury and may be barred from owning or possessing firearms. These rights are limited because the state views felony bribery as a breach of public trust. Although you can recover some rights after serving your sentence, others remain banned.

Offenses Related to a Legislator Requesting or Taking a Bribe

When you face charges for violating California Penal Code 86, there are related offenses that the court can introduce in your case. The prosecution can charge these offenses together with or instead of PC 86. They include:

California Penal Code 67 – Bribery of an Executive Officer

Penal Code 67 makes it a crime to bribe an executive officer. An executive officer is someone who has the duty to enforce laws. They include police officers, district attorneys, or other public officials. The law punishes anyone who provides or offers a bribe. Prosecutors must prove the following elements to demonstrate that you committed the crime:

• You gave or offered a bribe to an executive officer.
• Your actions were intended to influence the officer’s decisions or actions unlawfully.
• The defendant acted with corrupt intent.

PC 67 is closely related to Penal Code 86 because both deal with bribery by public officials. Bribery under Penal Code 67 is a felony punishable by:

• Two, three, or four years in state prison
• A fine of up to $10,000

Bribing an executive officer threatens the fairness of law enforcement. Therefore, a conviction may also result in permanent disqualification from holding public office in California.

California Penal Code 92 – Bribery of Judges or Jurors

Penal Code 92 makes it illegal to bribe a judge or juror. A bribe is anything of value offered to influence a decision unlawfully. This statute punishes the person who gives or offers a bribe. The prosecution must prove these elements to secure a conviction for the offense:

• The defendant gave or offered money, property, or something of value.
• The recipient was a judge, juror, referee, or arbitrator.
• The purpose was to influence their vote, decision, or verdict unlawfully.
• The defendant acted with corrupt intent.

If you bribed a judge or juror instead of a legislator, you could face charges under PC 92 instead of PC 86. Penal Code 92 is a felony. You could face penalties after a conviction, including two, three, or four years in California state prison. Courts may also impose heavy fines. If the bribe was large, fines can equal or exceed the amount. Also, anyone convicted may lose the right to serve as a juror or judge again.

California Penal Code 93 – Bribery by Judges or Jurors

Penal Code 93 covers bribery committed by judges. It punishes those who ask for, receive, or agree to accept a bribe in exchange for influencing their decision. The prosecuting attorney must prove the following elements to establish your liability under this statute:

• You were serving as a judge, juror, arbitrator, or referee.
• You requested, received, or agreed to accept money or benefits.
• The agreement was tied to their official duties or decisions.
• You acted with corrupt intent.

This law pairs closely with Penal Code 92. While Penal Code 92 punishes the giver of the bribe, Penal Code 93 punishes the receiver. A violation of Penal Code 93 is a felony. The punishment for the offense includes two, three, or four years in state prison. Also, a conviction can result in permanent removal from the position.

California Penal Code 137 – Bribery of a Witness

Penal Code 137 makes it a crime to bribe or attempt to bribe a witness. A witness includes anyone called to testify or provide information in a legal case. Offering money or benefits to a witness to change or withhold testimony will surface as bribery. If you face charges for bribing a witness, the prosecution must prove that:

• You gave or offered money or benefits to a witness.
• You made the offer to influence the witness’s testimony or cooperation.
• You acted with corrupt intent.

Truthful testimony is critical to justice. Therefore, influencing witnesses through bribery damages the fairness of trials and investigations. Bribery of a witness is charged as a felony. The offense is punishable by:

• Two, three, or four years in state prison
• A bribe that is equal to or greater than the original amount involved.
• Prohibition from holding public office.

Find a Competent Criminal Defense Attorney Near Me

You could be arrested and charged under Penal Code 86 if you are a legislator who asked for or received a bribe to influence your official decision. Before your conviction for the offense, the prosecution must prove your position, your actions, and your corrupt intent. A conviction under this statute is a felony, which could see you spend up to four years in prison.

It will also leave a permanent criminal record that can impact your personal and professional lives. Fortunately, not all charges under PC 86 result in a criminal conviction. With the insight of a reliable criminal lawyer, you could build a solid defense and fight the charges.

You can build your defense around disputing your actions and the intent. Your choice of legal representation can dictate the outcome of your case. At the Law Offices of Anna R. Yum, we offer expert legal insight for our clients facing criminal charges in San Diego, CA. Contact us today at 619-493-3461 to discuss the details of your case.