Penal Code § 137 PC - Bribery of a Witness
1. What is Penal Code § 137 PC?
Penal Code § 137 PC Law Reads As Followed:
“Every person who gives or offers any bribe to a witness, or to a person about to be called as a witness, or to a person who is about to give material information to a law enforcement official about a crime, with the corrupt intent to influence the testimony or information of that witness or person, is guilty of a felony.”
2. What Are Examples of Penal Code § 137 PC?
California Penal Code § 137 PC addresses the serious crime of bribing a witness. This statute plays a crucial role in maintaining the integrity of the judicial process by prohibiting attempts to influence the testimony or information provided by individuals involved in legal proceedings. Understanding real-world examples of violations can clarify the nature of this offense and its implications. Here are several scenarios that exemplify violations of Penal Code § 137.
1. Offering Money to a Witness
In a criminal case, a defendant approaches a witness who is about to testify and offers them a sum of money to change their testimony or withhold critical information. If the witness accepts the bribe with the intent to alter their statements in court, this act constitutes a clear violation of Penal Code § 137. The corrupt intent to influence the witness’s testimony makes this a prosecutable offense.
2. Gifts to Influence Testimony
Consider a scenario in which a witness receives expensive gifts from a party involved in a legal dispute. If the gifts are given with the understanding that they will persuade the witness to provide favorable testimony or omit damaging information, this situation exemplifies bribery under Penal Code § 137. The acceptance of gifts intended to sway a witness’s statements undermines the judicial process.
3. Bribing a Person About to Provide Information to Law Enforcement
A person with knowledge of a crime may be approached by the defendant, who offers a bribe to prevent them from providing information to law enforcement. If the individual accepts the bribe with the intent to conceal evidence or mislead authorities, this act would be a violation of Penal Code § 137. The intent to corruptly influence the flow of information to law enforcement exemplifies bribery.
4. Influencing a Key Witness in a Civil Case
In a civil lawsuit, a party attempts to bribe a key witness to ensure they provide testimony that favors their case. If the party offers cash or other incentives to the witness, hoping to influence their statements during the trial, this action constitutes a violation of Penal Code § 137. The corrupt intent to sway a witness’s testimony for personal gain is a clear breach of the law.
5. An Attorney Offering Bribes to a Witness
A defense attorney may try to influence the outcome of a case by offering a bribe to a witness who is scheduled to testify against their client. If the attorney makes such an offer with the intent to corruptly influence the witness’s testimony, this act would violate Penal Code § 137. Legal professionals are held to high ethical standards, and engaging in bribery undermines the integrity of the legal system.
3. What are Common Defenses Against Penal Code § 137 PC?
Facing charges under California Penal Code § 137 PC, which addresses bribery of a witness, can have serious legal consequences. However, defendants have the right to challenge these allegations and present various defenses. Understanding the common defenses available can be crucial for anyone accused of this offense. Here are some effective defenses against charges under Penal Code § 137.
1. Lack of Bribery
One of the primary defenses is to argue that no bribe was offered or given. The prosecution must prove that a bribe was exchanged to secure a conviction under Penal Code § 137. If the defendant can demonstrate that their actions did not involve any attempt to offer a bribe, they may effectively challenge the charges. For example, if the accused can show that the money or gifts were mischaracterized as a bribe and were actually intended for legitimate purposes, this defense could be compelling.
2. No Witness
The statute specifically applies to bribing a witness or someone about to testify or provide material information to law enforcement. A defendant can assert that the person involved was not a witness as defined by the law. If the accused can show that they did not offer a bribe to an actual witness or individual with the capacity to provide testimony, the prosecution may lack the necessary evidence to proceed with the case.
3. Absence of Corrupt Intent
To be guilty under Penal Code § 137, the defendant must have acted with corrupt intent—the intention to unlawfully influence a witness. If the defendant can demonstrate that they did not have corrupt motives or that their intent was misinterpreted, this defense may be effective. For instance, the defendant could argue that their actions were misunderstood and that they did not intend to influence the witness’s testimony unlawfully.
4. Entrapment
Entrapment is a legal defense that applies when law enforcement officials induce a person to commit a crime they would not have committed otherwise. If the defendant can show that they were coerced or manipulated by law enforcement into offering a bribe, this defense may be valid. The key is proving that the law enforcement’s actions were so compelling that they forced the defendant to act against their better judgment.
5. Coerced Confession
If the defendant confessed to the crime but can demonstrate that the confession was obtained through coercion or improper interrogation techniques, the confession may be inadmissible in court. California law prohibits law enforcement from using forceful tactics to extract confessions. If the accused can show that their confession was obtained under duress, the judge may exclude it from evidence, significantly weakening the prosecution’s case.
6. Mistake of Fact
A mistake of fact defense can arise if the defendant genuinely believed that their actions were legal or appropriate. For example, if the accused thought they were giving a gift rather than a bribe, this misunderstanding may negate the corrupt intent required for a conviction. Demonstrating that the defendant acted under a false belief can be a compelling defense against bribery charges.
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4. What are The Penalties for Violating Penal Code § 137 PC?
Violating California Penal Code § 137 PC, which addresses the crime of bribing a witness, carries serious legal consequences. Understanding the potential penalties associated with this offense is crucial for anyone facing such charges or seeking to comprehend the implications of witness bribery within the judicial system.
Classification of the Offense
Penal Code § 137 PC classifies bribery of a witness as a felony offense. This classification reflects the seriousness of the crime and its potential to undermine the integrity of the judicial process.
Potential Penalties
If convicted under Penal Code § 137, a defendant may face several possible penalties, including:
Imprisonment: A violation of Penal Code § 137 can result in imprisonment in state prison for up to four years. The actual length of the sentence may depend on various factors, including the specifics of the case, the defendant’s prior criminal history, and any aggravating circumstances involved in the bribery.
Substantial Fines: In addition to imprisonment, the court may impose significant fines on the defendant. While the exact amount can vary based on the circumstances surrounding the case, fines for felony offenses can be substantial, potentially reaching $10,000 or more.
Felony Probation: In some cases, the judge may grant felony probation instead of imposing a prison sentence. This option allows the defendant to serve their sentence under supervision while fulfilling certain conditions set by the court. Successful completion of probation can lead to a reduced sentence, but violations of probation terms can result in harsher penalties.
Additional Consequences
Beyond imprisonment and fines, a conviction for violating Penal Code § 137 can have additional significant consequences, including:
Loss of Employment: Individuals convicted under this statute may struggle to maintain employment, particularly in public service or positions requiring high levels of trust and integrity. Many employers conduct background checks that reveal felony convictions, potentially leading to job loss or difficulties securing future employment.
Loss of Professional Licenses: Certain professional licenses may be revoked or suspended following a felony conviction. This can impact individuals in various fields, particularly those in legal, financial, or public service professions.
Negative Immigration Consequences: For non-citizens, a conviction under Penal Code § 137 may lead to severe immigration repercussions. Certain felony convictions can be classified as “aggravated felonies,” resulting in deportation or being deemed inadmissible to the United States.
Impact on Gun Rights: A felony conviction will also result in the loss of gun rights. Under California law, convicted felons are prohibited from owning or possessing firearms, which can significantly affect personal freedoms.
Expungement of Conviction
Individuals convicted of bribery under Penal Code § 137 may have the opportunity for expungement of their conviction, provided they received probation instead of a prison sentence and successfully completed that probation. However, California law does not allow for expungement of convictions resulting in prison time.
5. What Are the Related Offenses To Penal Code § 137 PC?
California Penal Code § 137 PC addresses the serious crime of bribery involving witnesses, aiming to protect the integrity of the judicial process. This statute is part of a broader legal framework designed to combat corruption in legal proceedings. Understanding related offenses can provide insight into various forms of bribery and corruption that the law seeks to prevent. Here are several key related offenses to Penal Code § 137.
1. Bribery of Judges or Jurors (PC § 92 and PC § 93)
Penal Code § 92 makes it illegal for individuals to offer bribes to any judicial officer, including judges and jurors. This statute complements PC § 137 by addressing the act of bribing those who hold judicial authority. Conversely, Penal Code § 93 penalizes judges and jurors for soliciting or accepting bribes. Together, these laws reinforce the importance of maintaining the integrity of the judicial system by holding both parties accountable for corrupt actions.
2. Bribery by or of Executive Officers (PC § 67 and PC § 68)
California law includes statutes addressing bribery involving executive officers. Penal Code § 67 prohibits individuals from bribing executive officers, while Penal Code § 68 makes it a crime for executive officers to solicit or accept bribes. Although these statutes do not specifically pertain to witnesses, they reflect a broader commitment to combat corruption within public service and maintain accountability among those in positions of authority.
3. Bribery by or of Legislators (PC § 85 and PC § 86)
Penal Code § 85 addresses bribery involving state legislators, making it illegal for individuals to bribe legislators in exchange for influencing their votes or decisions. Similarly, Penal Code § 86 criminalizes the act of bribery committed by legislators. These statutes are significant as they ensure ethical conduct among elected officials and safeguard the legislative process from corrupt influences. Violations of these laws are also treated as felonies.
4. Conspiracy to Commit Bribery (PC § 182)
Penal Code § 182 outlines the crime of conspiracy, which can include planning to commit bribery. If two or more individuals agree to engage in a bribery scheme, they may face conspiracy charges, even if the bribery itself has not been successfully executed. This offense emphasizes that the act of conspiring to commit bribery is punishable, showcasing the seriousness with which California law views any attempt to corrupt the judicial process.
5. Extortion (PC § 518)
While distinct from bribery, Penal Code § 518 addresses extortion, which involves obtaining property or services through coercion or threats. Extortion and bribery share similarities, as both involve illicit exchanges intended to influence actions or decisions. The presence of coercion in extortion cases can also undermine the integrity of the judicial process, making this related offense significant in discussions of corruption.
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