Penal Code § 92 PC makes it a felony offense to offer or give a bribe to a judicial officer such as a judge, an arbitrator, or a juror. A conviction is punishable by up to four years in state prison.
The language of the code section reads as follows:
92. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison for two, three or four years.
Our California criminal defense attorneys will explain the following in this article:
- 1. What does it mean to bribe a judge or juror?
- 2. Can I raise a legal defense?
- 3. What are the penalties?
- 4. Can I get a conviction expunged?
- 5. Are there related crimes?
Penal Code 92 PC makes it a crime to bribe a judge, juror, or any person authorized to hear and determine a legal matter.
1. What does it mean to bribe a judge or juror?
A prosecutor must prove the following to convict you under this statute:
- you gave or offered to give a judicial officer something of value, and
- you acted with the corrupt intent to influence the officer’s decision in an official matter.1
For purposes of this statute, a “judicial officer” includes:
- judges,
- jurors,
- referees,
- arbitrators,
- umpires, and
- any person authorized to hear or determine any question or controversy. 2
Note that the law does not require any specific action to be pending on the date the bribe is received. The bribe just has to be given to affect any future case or decision.3
2. Can I raise a legal defense?
A few common defenses to PC 92 charges include:
- you did not act with criminal intent.
- you were entrapped.
- you were arrested following a coerced confession.
No criminal intent
Recall that you are only guilty under these laws if you acted with a corrupt intent to influence an officer’s decision. This means you can always raise the defense that you did not act with this intent.
Entrapment
Entrapment is a legal defense that says you only committed a crime because law enforcement lured or coaxed you to do so. The defense works provided that you show you only committed the crime because of the entrapment.
Coerced confession
California law states that police may not use overbearing measures to coerce a confession.
If you can show that the police coerced you into a confession, then:
- the judge may exclude the confession from evidence, or
- the case could get dropped altogether.
A violation of this statute can result in a fine and/or jail time.
3. What are the penalties?
A violation of Penal Code 92 is a felony offense.
The possible penalties include:
- custody in jail or state prison for up to four years, and/or
- substantial fines.
A judge does have the authority to grant you felony probation in lieu of prison time.
4. Can I get a conviction expunged?
You can only get a bribery conviction expunged if you were awarded (and successfully completed) probation.
You cannot get an expungement for an offense that leads to a prison term.
5. Are there related crimes?
There are three crimes related to bribing a judge. These are:
- a judge or juror asking or taking a bribe – PC 93,
- bribery by or of witnesses – PC 137 and 138, and
- bribery by and of an executive officer – PC 67 and PC 68.
5.1 Judge or juror asking or taking a bribe – PC 93
Penal Code 93 PC is the California statute that makes it a crime for a judicial officer to ask for, or receive, any bribe.
While PC 92 punishes bribing the judicial officer, this statute makes it a crime for the officer to accept the bribe.
5.2 Bribery by or of witnesses – PC 137 and 138
Penal Code 137 PC is bribery of witnesses and Penal Code 138 PC is bribery by witnesses. Together, these are the California laws that make bribery by and of witnesses a criminal offense.
As with PC 92 offenses, convictions under these code sections are felony offenses.
5.3 Bribery by and of an executive officer – PC 67 and PC 68
Penal Code 67 PC is the California law that makes it a crime to bribe any executive officer. Penal Code 68 PC is a similar law that makes it a crime for
- an executive officer,
- a ministerial officer, or
- a public employee
to ask for or take a bribe.
Note that while PC 92 applies to judicial officers, these statutes are reserved for executive officers.
Legal References:
- California Penal Code 92 PC. See also People v. Northey (Cal., 1889), 77 Cal. 618; People v. Coffey (Cal. Dec. 1, 1911), 161 Cal. 433.
- See same.
- United States v. Frega (1999) 179 F.3d 793.