Section 2601 | CALCRIM (Jury Instructions)

2602. Giving or Offering a Bribe to a Ministerial Officer:
Value of Thing Offered (Pen. Code, § 67.5(b))
If you find the defendant guilty of (giving/ [or] offering) a bribe to a
(ministerial officer/government employee/government appointee), you
must then decide whether the People have proved the additional
allegation that the defendant (gave/ [or] offered) the (officer/employee/
appointee) (something worth more than $950/
<insert other
item from Pen. Code, § 487>).
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
If the defendant is charged with a felony based on the value of the item offered or
given (Pen. Code, § 67.5(b)), the court has a sua sponte duty to instruct on this
sentencing factor.
This instruction must be given with CALCRIM No. 2601, Giving or Offering a
Bribe to a Ministerial Offıcer.
The court must provide the jury with a verdict form on which the jury will indicate
if the alleged sentencing factor has or has not been proved.
AUTHORITY
•
Enhancement. Pen. Code, § 67.5(b).
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, §§ 33–56.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.10 (Matthew Bender).
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