CALCRIM (Jury Instructions) Section 2603. authorized by law to hear or determine any question or controversy).] [Requesting or agreeing to take a bribe does not
CALCRIM (Jury Instructions) § 2603
authorized by law to hear or determine any question or controversy).]
[Requesting or agreeing to take a bribe does not require specific words or
behavior, as long as the language used and the circumstances clearly
show that the person is seeking a bribe from someone else. [The People
do not need to prove that the other person actually consented to give a
bribe.]]
[The People do not need to prove that the defendant made any effort to
follow through on the purpose for which the bribe was sought.]
New January 2006; Revised June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed definition of “requesting or agreeing to take a bribe” if the
prosecution is pursuing this theory.
Give the bracketed sentence that begins with “The People do not need to prove that
the defendant made any effort to follow through” if there is no evidence that the
defendant took any action based on the alleged bribe.
AUTHORITY
•
Elements. Pen. Code, §§ 68, 86, 93.
•
Bribe Defined. Pen. Code, § 7, subd. 6.
•
Corruptly Defined. Pen. Code, § 7, subd. 3.
•
Executive Officer Defined. People v. Strohl (1976) 57 Cal.App.3d 347, 361 [129
Cal.Rptr. 224].
•
Ministerial Officer Defined. Gov. Code, § 820.25(b); People v. Strohl (1976) 57
Cal.App.3d 347, 361 [129 Cal.Rptr. 224].
•
Legislative Member. Pen. Code, § 86.
•
Judicial Officer. Pen. Code, § 93.
•
Corrupt Intent Is an Element of Bribery. People v. Gliksman (1978) 78
Cal.App.3d 343, 346–350 [144 Cal.Rptr. 451]; People v. Zerillo (1950) 36
Cal.2d 222, 232 [223 P.2d 223].
•
Meaning of Understanding or Agreement. People v. Pic’l (1982) 31 Cal.3d 731,
738–740 [183 Cal.Rptr. 685, 646 P.2d 847]; People v. Diedrich (1982) 31 Cal.3d
263, 273–274 [182 Cal.Rptr. 354, 643 P.2d 971]; People v. Gliksman (1978) 78
Cal.App.3d 343, 346–350 [144 Cal.Rptr. 451].
•
Bribery and Extortion Distinguished. People v. Powell (1920) 50 Cal.App. 436,
441 [195 P. 456].
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2603
493
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 2603. authorized by law to hear or determine any question or controversy).] [Requesting or agreeing to take a bribe does not. This means people must follow this rule, and breaking it can lead to criminal penalties.