Using your publicly elected position to commit crimes will result in felony charges. Using your legislative position in this manner is considered a betrayal of public trust. A conviction for requesting or taking bribes will also negatively impact your current office and any future positions you hoped to gain. Not only do the consequences involve steep fines, but you could also face serving time in state prison as opposed to county jail.
If you are facing a PC 86 offense, do not hesitate to contact an effective criminal defense lawyer as soon as you can. Getting the legal professional help you need could mean the difference between facing the maximum penalties or getting the best possible outcome.
To gain a more critical understanding of what this law entails, let’s take a look at how California defines it.
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Definition of PC 86
A legislator or any member of a legislative body who requests or takes a bribe is outlined under Penal Code 86. These facts must be irrefutable to get a conviction.
- The defendant is a legitimate legislative officer who,
- Asked for, requested, took, or agreed to take a bribe,
- This includes certain instances of extortion or blackmail.
- Upon agreeance or acceptance of the bribe, they knew it was to unlawfully influence their official actions, decisions, judgments, opinion, or vote, AND
- The act of agreeing or taking the bribe is enough to face this charge, even if the legislator did not have time to influence or make any official actions.
- The defendant had acted with corrupt intent that their official duties would be unlawfully influenced.
- Acting with corrupt intent means the defendant intended to wrongfully or illegally gain financial benefits or other advantages for themselves or others.
Who are legislators?
Legislators are elected officials who are tasked with proposing and approving laws. Those who fall under this category are:
- Senators
- General Assembly Members
- State legislators
- Members of city or county legislative bodies
- Members of school district legislative bodies
What is a bribe?
A bribe is any instance in which someone proposes or offers money, valuable objects, luxury gifts, favors, or anything similar, to a legislator in exchange for something they can do, give, or influence.
Examples
- A state legislator accepts shares in a private corporation in exchange for their vote on a piece of legislation.
- A county legislator requests ten thousand dollars from a franchise owner in exchange for voting “no” on a new ordinance.
- A public school district board member receives monthly payments to support a proposal from a private, charter school.
While this law focuses on legislators who request or take a bribe, PC 85 is used to punish people who offer or give bribes to legislators or elected officials. Although these statutes are closely related, there are slight differences in the punishments these parties would receive.
Associated Offenses
California Penal Code 67 – Bribery of an executive officer;
Giving or offering a bribe to an executive officer, such as district attorneys (D.A.) or members of law enforcement, with the intent to gain their support or favor in regards to any act, decision, vote, opinion, or related executive duty is a crime under this statute.
California Penal Code 68 – Bribery by an executive officer – Executive officers taking a bribe;
If an executive officer, ministerial official, or publc employee asks for or accepts a bribe, they are guilty of violating this law.
California Penal Code 85 – Bribery of legislators or elected officials;
Offering or giving a bribe to a legislator or other elected officials in exchange for their support, decision, or vote is a crime under this law.
California Penal Code 92 – Bribery of judges or jurors;
Offering or giving a bribe to a judge, juror, arbitrator, referee, umpire, or any person who is lawfully authorized to hear legal matters, is prohibited under this statute.
California Penal Code 93 – Bribery by judges or jurors – Judges or jurors taking bribes;
If a judge, juror, arbitrator, umpire, judicial officer, or any other person authorized to handle/hear legal matters requests or takes a bribe, they are guilty of violating this crime.
California Penal Code 137 – Bribery of a witness;
Offering or giving a bribe to a witness, or a person who is about to give material information that pertains to a crime to a public or state officer, is prohibited under this law.
California Penal Code 138 – Bribery by a witness – Witnesses taking a bribe;
Witnesses or individuals who are going to be called as a witness violate this law if they ask, request, receive, accept or take a bribe in exchange for influencing their testimony or changing their availability to testify as a witness in a legal court proceeding.
The Prosecution
When the prosecution pursues a conviction, they must prove the facts of the case beyond a reasonable doubt. These factors are referred to as the elements of the crime.
Elements of the Crime
- The defendant is an actual legislative officer who,
- Asked for, requested, took, or agreed to take a bribe,
- Upon agreeance or acceptance of the bribe, they knew it was to unlawfully influence their official actions, decisions, opinion, or vote, AND
- The defendant had acted with corrupt intent that their official duties would be unlawfully influenced.
Even if a legislative officer did not follow through with their act, decision, or vote, requesting or taking a bribe and agreeing to the proposed terms is enough to face this offense.
Who Can Be Charged
These examples should provide a clear idea of what PC 86 is and who can face charges.
Example 1:
Simon is a state legislator whose term limit was approaching, which meant he could not run again for that office. He was dissatisfied with his plans after his term was up. He had to vote on two pieces of legislation that, if passed, would increase taxes for large businesses operating in the state. He approached four CEOs from different companies and offered to vote “no” in exchange for two-hundred-fifty thousand dollars each. Simon’s goal was to retire with one million dollars.
Even if the CEOs refused his offer, Simon could be charged with PC 86 for requesting a bribe in exchange for his official legislative vote.
Example 2:
Francine is a member of a city legislative body and was going to vote on several new city projects. One project involved building new homeless shelters. Some small businesses opposed it, fearing the project would impact consumer traffic. Francine heard their grievances and took cash from each of them in exchange for her support against the project.
Francine is guilty of accepting bribes under PC 86 for taking the cash these businesses offered. In return, she would oppose the building projects, which is a prime example of the unlawful influence on her official legislative duties.
Example 3:
Uriel is a member of the school district legislative body. Investors in private prisons had pushed for allowing police officers into public schools because they believed kids who landed in juvenile detention would eventually land in county jail or prison. This meant filled beds and more long-term profits. The school district was going to discuss and vote on removing law enforcement from school grounds altogether. The investors strongly opposed it. Uriel met with them and requested a monthly stipend of five thousand dollars in exchange for his continued support and votes that would serve their interests.
Uriel could be charged with PC 86 for asking for bribes in return for his official legislative support and votes.
Example 4:
Will is a member of the county legislative body who would be making judgments on new infrastructure plans. One plan included expanding parking lots for public access to certain beaches. Two resorts rejected the plans, stating it would interfere with some of their beach house rentals and only make the beaches more crowded. They offered Will full access to their resorts and free stays at their beach houses if he judged against these plans. Will agreed to their terms.
Will could be charged with PC 86 for agreeing to this bribe he was offered. Even if he never gets a chance to vacation at the resorts or the beach houses, the simple act of accepting their terms is enough to face this offense.
Legal Defenses
The challenges that arise from attempting to dispute such allegations can quickly become stressful. Fortunately, a criminal defense attorney who understands how the prosecution works will also know how to effectively fight on your behalf.
An experienced legal defense lawyer will also be familiar with the most common defenses used against these charges.
No Corrupt Intent
If the defendant was lacking corrupt intent, this means not all the elements of the crime are present. For this law, corrupt intent means the legislator intended on asking for or taking a bribe in exchange for unlawfully influencing their official legislative duties.
Example
Sally is a school district legislative member who was asking for a bribe from a golf club owner. The owner wanted her family’s old estate to expand his golf courses. She asked for fifty-thousand dollars in exchange for convincing her family to sell.
Although Sally is guilty of requesting a bribe and her profession is a school district legislative member, the purpose of her requesting a bribe had nothing to do with her work. There was no corrupt intent to influence any professional or official decisions or votes. Therefore, she is not guilty of violating PC 86.
Cases of Entrapment
Entrapment happens when an individual is deceived, baited, or lured into committing an illegal act. Sadly, there are cases where the accused was somehow manipulated, sometimes by undercover law enforcement, into participating in a crime. A legal defense attorney would be able to argue that the defendant was lied to, coaxed, tricked, or manipulated into committing a crime. If the defendant had not been deceived, they would not have committed any crime.
Not a Legislator
To be convicted of PC 86, the accused must be an actual legislator. If they are not current members of any legislative body, this crime would not apply.
Example:
Allan was a city legislator who served the maximum term limits. He still had the ear of some of his old colleagues. A few small business owners expressed their discontent over a specific initiative. Allan asked for money and requested they cover his extravagant vacations in exchange for influencing his old colleagues to officially oppose the initiative.
Although Allan is guilty of requesting bribes, he did not request any as a current legislator. This law only applies to those members of legislative bodies who are currently serving in their positions. The law does not cover former or retired members so Allan should not be charged with PC 86.
Penalties for PC 86
If you are a legislator or elected official who is convicted of requesting or taking bribes, the consequences are:
Felony;
Formal (felony) probation,
Fines as high as ten thousand dollars, and/or
A potential prison sentence of up to 4 years.
Getting convicted of this crime will also carry long-term consequences once your time is served. Members of legislative bodies who are guilty of this crime will be forced to forfeit their position. They will also no longer be allowed to continue in that office nor be able to run for that office in any future elections. This felony on one’s record will leave a lasting impact on any future professional goals.
Enhanced Penalties
Being convicted of more than one offense could result in enhanced punishments. For instance, accepting multiple bribes will result in multiple charges. In these situations, the courts will decide if the defendant should face all penalties concurrently or consecutively.
Concurrently means the defendant would begin serving all sentences at the same time. An example of serving concurrent time is when someone is convicted of three crimes in which each offense carries 4 years in prison, they would be able to begin serving their time all at once. If they have to serve the time consecutively, this means it gets stacked. In other words, as soon as the time is served for one crime, the next will begin. Three consecutive four-year prison terms would result in 12 years of incarceration.
Can I keep my guns?
California’s felon with a firearm law, PC 29800 is highly restrictive and the statute is clear. Anyone who is convicted of a felony will lose their gun rights, which means no right to acquire, purchase, or possess a firearm. A conviction for PC 86 will result in a felony and you will lose your gun rights.
Can this conviction be expunged?
Getting a crime expungement means the defendant would be allowed to withdraw their original plea of guilty or no contest, and enter a new plea of not guilty. This action can lead to the case being dismissed and removed from the defendant’s criminal background record.
However, expungements do not apply to anyone who is convicted of a crime and sentenced to serve time in prison. Expungements can only work in cases where the defendant was given probation instead of serving time.
Once their probation is complete, if the expungement is passed, the defendant can get their gun rights back. This means any felony restrictions that came with the conviction will be lifted. In other words, firearm restrictions will not apply and the defendant would be allowed the right to buy, acquire, own, and possess a firearm.
Penalties for Associated Offenses
California PC 67 – bribery of an executive officer;
Felony;
Formal (felony) probation,
As much as ten thousand dollars in fines, and/or
As long as four years in state prison.
California PC 68 – bribery by an executive officer – Executive officers taking a bribe;
Felony;
Felony (formal) probation,
Fines of up to ten thousand dollars, and/or
A potential four years in state prison.
California Penal Code 85 – Bribery of legislators or elected officials;
Felony;
As much as ten thousand dollars in fines, and/or
A possible four years in state prison.
California PC 92 – bribery of judges and/or jurors;
Felony;
Formal probation,
Up to ten thousand dollars in fines and/or
As long as four years in state prison.
California PC 93 – bribery by judges and/or jurors;
Felony;
Felony probation,
A potential ten thousand dollars in fines, and/or
A possible state prison sentence of four years.
California PC 137 – bribery of a witness;
Felony;
Formal probation, or
A state prison sentence of up to four years.
California PC 138 – bribery by a witness;
Felony;
Felony probation,
Fines of up to ten thousand dollars, and/or
A potential state prison sentence of up to four years.
Call Us For Help
Facing a PC 86 offense or any of the similar offenses without the right help can quickly become overwhelming. If you or someone you love is located in San Diego, Orange County, or Los Angeles and needs a criminal defense lawyer, contact the Law Offices of Anna R. Yum.
Attorney Yum is considered a top-rated defense lawyer with a record of successful cases. As a former prosecutor, she understands how difficult it can be to challenge these accusations. Do not let your future be controlled by these allegations. Get the legal help you can trust.
If you have any questions concerning the aforementioned laws or would like to schedule your no-obligation, free consultation just call us at 619-233-4433 or use our online contact form. Let us help. We welcome all inquiries.
