Penal Code § 138 PC - Witness Taking a Bribe
1. What is Penal code § 138 PC?
Penal Code § 138 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 availability of that witness or person, is guilty of a felony.”
2. What Are Examples of Penal Code § 138 PC?
3. What Are Common Defenses Against Penal Code § 138 PC?
Facing charges under California Penal Code § 138 PC, which addresses bribery involving witnesses, can result in severe legal consequences. However, individuals accused of this offense have the right to challenge these allegations through various defenses. Understanding the common defenses available can be crucial for anyone involved in such a case. Here are some effective defenses against charges under Penal Code § 138.
1. Lack of Bribery
One of the primary defenses is to argue that no bribe was offered or accepted. The prosecution must prove that a bribe was exchanged to secure a conviction under Penal Code § 138. If the defendant can demonstrate that their actions did not involve any attempt to offer or receive a bribe, they may effectively challenge the charges. For example, if the accused can show that the money or gifts were intended for legitimate purposes rather than to influence testimony, this defense could be compelling.
2. No Witness
Penal Code § 138 specifically applies to bribing a witness. A defendant can assert that they were not acting as a witness at the time of the alleged bribery. If they can prove they were not in a witness role, the prosecution may lack sufficient evidence to proceed with the case. This defense hinges on the definition of “witness” under the law, which includes individuals called to testify or those about to provide information to law enforcement.
3. Absence of Corrupt Intent
To be guilty under Penal Code § 138, 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 accused 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 officers induce a person to commit a crime they would not have committed otherwise. If the defendant can show that they were coerced or manipulated into accepting a bribe by law enforcement, this defense may be valid. The key is proving that the law enforcement’s actions were so compelling that they led the defendant to act against their better judgment.
5. Coerced Confession
If a confession was obtained through coercion or improper interrogation techniques, it may be deemed inadmissible in court. California law prohibits law enforcement from using overbearing tactics to extract confessions. If the defendant can demonstrate that their confession was obtained under duress, the judge may exclude it from evidence, potentially leading to a dismissal of charges.
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 § 138 PC?
Violating California Penal Code § 138 PC, which addresses the crime of bribing a witness, is a serious offense that carries significant legal repercussions. Understanding the potential penalties associated with this crime is essential for anyone facing such charges or seeking to comprehend the implications of witness bribery within the judicial system.
Classification of the Offense
Penal Code § 138 PC classifies bribery of a witness as a felony offense. This classification underscores the gravity of the crime and its potential to undermine the integrity of the judicial process.
Potential Penalties
If convicted under Penal Code § 138, a defendant may face several possible penalties, including:
Imprisonment: A violation of Penal Code § 138 can lead to imprisonment in state prison for up to four years. The length of the sentence may vary based on factors such as 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 certain cases, the judge may grant felony probation as an alternative to imprisonment. This option allows the defendant to serve their sentence under supervision while complying with specific 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 § 138 can have additional significant consequences, including:
Loss of Employment: Individuals convicted under this statute may struggle to maintain employment, particularly in positions that require 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 § 138 may result in severe immigration repercussions. Some felony convictions can be classified as “aggravated felonies,” leading to 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, significantly affecting personal freedoms.
Expungement of Conviction
Individuals convicted of bribery under Penal Code § 138 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 Related Offenses To Penal Code § 138 PC?
California Penal Code § 138 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 within legal proceedings. Understanding related offenses can provide insight into the various forms of bribery and corruption that the law seeks to prevent. Here are several key related offenses to Penal Code § 138.
1. Bribery of a Witness (PC § 137)
Penal Code § 137 makes it a crime for a person to offer a bribe to a witness or to a person about to testify or provide information to law enforcement. While PC § 138 focuses on the actions of the witness in accepting the bribe, PC § 137 addresses the act of attempting to bribe the witness. Together, these statutes 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 68)
California law includes statutes that address 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. While these statutes do not specifically involve witnesses, they illustrate a broader commitment to combat corruption within public service and ensure accountability among those in positions of authority.
3. Bribery by or of Legislators (PC § 85 and 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. Conversely, Penal Code § 86 criminalizes the act of bribery committed by legislators. These laws ensure ethical conduct among elected officials and protect the legislative process from corrupt influences. Violations of these statutes are also treated as felonies, similar to PC § 138.
4. Bribery of Judges and Jurors (PC § 92 and 93)
California statutes also focus on bribery involving judicial officers. Penal Code § 92 makes it a crime for individuals to bribe judges or jurors, while Penal Code § 93 prohibits judges and jurors from soliciting or accepting bribes. These statutes underscore the critical need to maintain the integrity of the judicial process and prevent corruption at all levels of the legal system.
5. 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 California’s commitment to addressing any attempts to corrupt the judicial process.
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