Section 2600 | CALCRIM (Jury Instructions)

is offered, or have a specific value.]]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The statute applies to giving or offering a bribe to “any executive officer . . . with
intent to influence him in respect to any act, decision, vote, opinion, or other
proceeding as such officer . . . .” It is unclear what “other proceeding” refers to and
there are no cases defining the phrase. If the evidence presents an issue about
attempting to influence an officer in any “other proceeding,” the court may insert a
description of the proceeding where indicated.
Give the bracketed sentence that begins with “The executive officer does not” if the
evidence shows that the executive officer did not accept the bribe or follow through
on the action sought.
Give the bracketed definition of “offering a bribe” if the prosecution is pursuing this
theory. Give the bracketed sentence that begins, “The thing offered does not need to
actually,” on request.
AUTHORITY
•
Elements. Pen. Code, § 67.
•
Bribe Defined. Pen. Code, § 7(6).
•
Corruptly Defined. Pen. Code, § 7(3).
•
Executive Officer Defined. People v. Strohl (1976) 57 Cal.App.3d 347, 361 [129
Cal.Rptr. 224].
•
Corrupt Intent Is an Element of Bribery. People v. Gliksman (1978) 78
Cal.App.3d 343, 351 [144 Cal.Rptr. 451]; People v. Zerillo (1950) 36 Cal.2d
222, 232 [223 P.2d 223].
•
Subject Matter of Bribe. People v. Megladdery (1940) 40 Cal.App.2d 748, 782
[106 P.2d 84], disapproved on other grounds in People v. Posey (2004) 32
Cal.4th 193, 214–215 [8 Cal.Rptr.3d 551, 82 P.3d 755] and People v. Simon
(2001) 25 Cal.4th 1082, 1108 [108 Cal.Rptr.2d 385, 25 P.3d 598]; People v.
Diedrich (1982) 31 Cal.3d 263, 276 [182 Cal.Rptr. 354, 643 P.2d 971].
•
Offering a Bribe. People v. Britton (1962) 205 Cal.App.2d 561, 564 [22
Cal.Rptr. 921].
•
Bribery and Extortion Distinguished. People v. Powell (1920) 50 Cal.App. 436,
441 [195 P. 456].
•
No Bilateral Agreement Necessary. People v. Gliksman (1978) 78 Cal.App.3d
343, 350–351 [144 Cal.Rptr. 451].
CALCRIM No. 2600
CRIMES AGAINST GOVERNMENT
486

RELATED ISSUES
Entrapment
The crime is complete once an offer is made. Accordingly, subsequent efforts to
procure corroborative evidence do not constitute entrapment. (People v. Finkelstin
(1950) 98 Cal.App.2d 545, 553 [220 P.2d 934]; People v. Bunkers (1905) 2
Cal.App. 197, 209 [84 P. 364].)
Accomplice Liability and Conspiracy
The giver and the recipient of a bribe are not accomplices of one another, nor are
they coconspirators, because they are guilty of distinct crimes that require different
mental states. (People v. Wolden (1967) 255 Cal.App.2d 798, 804 [63 Cal.Rptr.
467].)
Extortion Distinguished
Extortion is bribery with the additional element of coercion. Accordingly, the
defendant cannot be guilty of receiving a bribe and extortion in the same
transaction. (People v. Powell (1920) 50 Cal.App. 436, 441 [195 P. 456].)
SECONDARY SOURCES
2 Witkin & Epstein