CALCRIM (Jury Instructions) Section 2602. [The thing offered does not need to actually be given, exist at the time it is offered, or have a specific value.]] New
CALCRIM (Jury Instructions) § 2602
[The thing offered does not need to actually be given, exist at the time it
is offered, or have a specific value.]]
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with a felony based on the value of the item offered or
given (Pen. Code, § 67.5(b)), give CALCRIM No. 2602, Giving or Offering a Bribe
to a Ministerial Offıcer: Value of Thing Offered.
Give the bracketed sentence that begins with “The (officer/employee/appointee) does
not” if the evidence shows that the 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, § 67.5.
•
Bribe Defined. Pen. Code, § 7, subd. 6.
•
Corruptly Defined. Pen. Code, § 7, subd. 3.
•
Grand Theft Defined. Pen. Code, § 487.
•
Ministerial Officer Defined. Gov. Code, § 820.25(b); 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].
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2601
489
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2602. [The thing offered does not need to actually be given, exist at the time it is offered, or have a specific value.]] New. This means people must follow this rule, and breaking it can lead to criminal penalties.