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California Penal Code 68

Posted by Christopher Martens | May 26, 2022 | 0 Comments

California Penal Code 68

Suppose you are a member of the California State Government and occupy an elected or official power and authority. In that case, it is against the law for you to give or receive a bribe according to California Penal Code 68, which is legislation passed by California.

Misdemeanor of California Penal Code 68- may result in a sentence of up to four years in California State Prison for the most serious offenders. A violation of California Penal Code 68 can result in a sentence of up to six months in the Tulare or Kern County Jail. This offense is classified as a misdemeanor.

  • In the town of Porterville, James offers to donate $500 to the police assistance league if he is not issued a ticket for the offer.
  • Robert is a member of the planning commission for the city. In exchange for his approval of the proposal, he agrees to take up membership at the country club's golf course.

It is a violation of the law in the state of California, according to Penal Code 68 PC, for an executive officer, a governmental officer, or a civil servant to either seek or accept a bribe. A breach of this rule is considered a felony offense and can result in a sentence of up to four years in jail or prison, depending on the severity of the offense. According to California Penal Code Section 68, "any executive or governmental officer, worker, or nominee of the State of California...who requests, accepts, or promises to receive, any bribery, upon any agreement signed that his or her voting, opinion, or action...shall be affected thus, is punished with imprisonment in the state jail for either two, three, or four years..." 

What kind of violation is punishable by the 68th Penal Code? To effectively convict a defendant under this code provision, the prosecution is required to establish the following:

1. the accused worked for the government as either an executive officer or a state official

2. the accused either solicited or accepted an illegal payment,

3. She asserted that the bribery would improperly affect her official behavior and 

4. the defendant engaged in the criminal practices to do so.

An "executive officer" is a type of public servant (such as a state's attorney or a police official) who is authorized to use independent judgment while carrying out their employment responsibilities.

In addition, a person who works for the government of California is considered to be a "public employee." In these statutes, the term "bribe" refers to either anything of present or future worth or benefit or a commitment to offering something of present or future significance or benefit.

Any individual who has been charged with violating this act can provide a legal defense to contest the allegations. Among the most common types of defenses, a defendant might assert that they:

A person is only guilty under this part of the code if they were either not an executive officer or a government servant. 

Because of this, it is always a viable justification for an accused person to demonstrate that she was not functioning in any of these activities throughout the relevant period. Be aware, however, that even if you win this case, the offender might still face charges under another bribing legislation.

No illegal influence: To mount a defense, a defendant needs to demonstrate that he or she did not make the representation in question. It is possible, for instance, that the accused did nothing more than take money from someone else without uttering a word.

Entrapment: It is a term that refers to the act of law enforcement officials luring or coaxing a person into breaking the law. When a suspect is confronted with bribery allegations following an undercover sting operation carried out by the police, this is a frequent line of defense.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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