Penal Code § 85 PC – Bribery of a Legislator
1. What is Penal Code § 85 PC?
Penal Code § 85 PC Law Reads As Followed:
“Every person who gives or offers to give a bribe to any Member of the Legislature, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a Member in giving or withholding his or her vote, or to influence a Member to absent himself or herself from the Legislature, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.”
2. What are Examples of Penal Code § 85 PC?
Penal Code § 85 PC criminalizes offering or giving a bribe to any legislator or using corrupt means, such as deceit or intimidation, to influence their actions, vote, or attendance. The law is in place to prevent lawmakers from being improperly influenced in their legislative duties. Below are some examples of actions that would violate this statute:
1. Offering Money to Influence a Vote
Imagine a business owner who wants a particular bill passed that would benefit their company. To secure the vote of a state legislator, the business owner offers the legislator $100,000 in exchange for a “yes” vote on the bill. This direct exchange of money for a vote is a clear violation of Penal Code § 85 PC.
2. Gifting a Legislator in Exchange for Favorable Legislation
A real estate developer seeking a favorable law to be passed offers a legislator an all-expenses-paid vacation. The intention is to reward the legislator in exchange for pushing the legislation that benefits the developer’s interests. Even though the “gift” is not cash, it is still considered bribery under Penal Code § 85 PC because the developer is trying to influence the legislator’s actions.
3. Using Threats to Influence a Legislator’s Vote
A powerful lobbyist threatens a legislator with damaging rumors or leaks to the media if they do not vote against a particular bill. Even though no money or tangible benefit is offered, using threats or intimidation to influence a legislator’s vote is considered a corrupt means of influence under Penal Code § 85 PC.
4. Promising Political Support in Exchange for Action
In another example, a local business owner promises to mobilize significant campaign donations and endorsements for a legislator, but only if the legislator agrees to vote in favor of a bill that would benefit the business owner. This quid-pro-quo agreement of exchanging political favors for votes constitutes bribery under the law.
5. Using Deception to Influence a Legislator’s Decision
A company provides misleading information to a legislator with the intent to sway their vote on legislation affecting their industry. The company knows the information is false but hopes that the legislator will act based on the deception. Manipulating legislators through deceit is another form of bribery covered under Penal Code § 85 PC.
6. Offering Personal Favors for Legislative Action
A private individual offers a legislator a lucrative job or position after they leave office in exchange for support on a key piece of legislation. Even though the job offer is for the future, it is still seen as a corrupt effort to influence the legislator’s actions while they are in office.
3. What Are Common Defenses Against Penal Code § 85 PC?
Penal Code § 85 PC makes it illegal to bribe or attempt to corruptly influence a legislator’s vote, decisions, or actions. Being accused of violating this law can lead to serious penalties, including imprisonment. However, there are several legal defenses that may help challenge such charges. Below are some common defenses against Penal Code § 85 PC charges:
1. Lack of Corrupt Intent
One of the core elements the prosecution must prove in a Penal Code § 85 PC case is that the defendant acted with “corrupt intent.” This means the defendant must have intentionally tried to influence a legislator in an unlawful or unethical way. If the defendant can demonstrate that their actions were not intended to gain an unlawful or unethical advantage, this could be a valid defense.
Example: A constituent gives a legislator a campaign donation, expecting no specific legislative action in return. In this case, if there was no corrupt intent behind the donation, it would not qualify as bribery.
2. Lack of Knowledge or Awareness
Another potential defense is proving that the accused did not know that their actions could be perceived as bribery or that the person they interacted with was a legislator. Bribery charges under Penal Code § 85 PC require that the person knew they were offering or giving something to a legislator. If the defendant was unaware that the recipient of a gift or offer was a legislator, this could be a defense.
Example: A business owner sends a holiday gift basket to various public officials, unaware that one of the recipients is a legislator. If the gift was not meant to influence a vote or decision, this defense could argue that the gift was made in ignorance.
3. No Bribe or Exchange Was Offered
Another defense is arguing that the defendant did not offer or give anything of value that constitutes a bribe under Penal Code § 85 PC. The law requires that there be some form of exchange or offer that influences a legislator’s actions. If there was no such offer, the prosecution cannot prove bribery.
Example: A legislator accepts a dinner invitation from a constituent but no political favors, promises, or legislative actions are discussed or implied. In this case, there is no bribe being offered, and thus no bribery has occurred.
4. Entrapment
Entrapment is a defense that applies when law enforcement or government officials induce someone to commit a crime that they otherwise would not have committed. In cases where an individual is lured into bribing a legislator by law enforcement, this defense may be used.
Example: If an undercover officer poses as a legislator and encourages or pressures a defendant to offer a bribe that they would not have otherwise offered, the defense of entrapment could be raised. If proven, this could lead to a dismissal of the charges.
5. Insufficient Evidence
In any criminal case, the burden of proof lies with the prosecution. They must prove beyond a reasonable doubt that bribery occurred. A lack of concrete evidence, such as written records, credible witnesses, or clear communication of a bribe, can weaken the prosecution’s case. If there is insufficient evidence, a defense attorney can argue that the charges should be dismissed.
Example: If the case relies solely on a legislator’s claim that they were offered a bribe without any supporting documentation, text messages, or credible witnesses, this might not be enough to convict under Penal Code § 85 PC.
6. Legitimate Lobbying Activities
In many cases, individuals and businesses make financial contributions or present information to legislators to promote certain policies or viewpoints. This is a legitimate part of the political process as long as it does not cross into bribery or corrupt practices. The defense can argue that the accused was simply engaging in lawful lobbying or advocating for their cause, not bribing the legislator.
Example: A nonprofit organization gives a donation to a legislator’s campaign and provides information about an environmental issue. This would not necessarily be bribery, as long as there is no direct exchange of money or favors for a specific vote.
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4. What Are The Penalties for Violating Penal Code § 85 PC?
Penal Code § 85 PC makes it illegal to bribe or attempt to corruptly influence a legislator’s vote, decision, or actions. Bribing a legislator in California is considered a serious crime, and individuals convicted of violating this statute face severe penalties. Below is an overview of the consequences one might face if found guilty of bribery under Penal Code § 85 PC.
1. Felony Conviction
Bribery of a legislator is a felony offense under California law. This means that it is treated as a more serious crime than a misdemeanor, with harsher consequences and long-term implications. Felony convictions often carry penalties such as imprisonment and significant fines, and they can have a lasting impact on an individual’s personal and professional life.
2. Imprisonment
A violation of Penal Code § 85 PC is punishable by up to four years of imprisonment. A judge may sentence the defendant to serve this time in a state prison or a county jail, depending on the circumstances of the case and the judge’s discretion.
The severity of the sentence can vary based on factors such as:
The nature and amount of the bribe.
The level of involvement in the crime.
The defendant’s criminal history.
Whether the defendant has any prior convictions for similar offenses.
In some cases, the court may impose a shorter prison sentence or grant probation, which could reduce or eliminate the time spent in jail, but this is at the discretion of the court and dependent on the details of the case.
3. Fines
In addition to imprisonment, a person convicted of bribing a legislator may face substantial fines. The fines can be steep, reaching up to $10,000 or more in some cases, depending on the severity of the offense and whether the court believes a higher fine is necessary to deter future criminal behavior.
4. Probation
In some cases, instead of serving time in prison, a defendant may be granted probation. Probation allows individuals to avoid or reduce jail time, provided they comply with specific conditions set by the court. These conditions may include:
Regular check-ins with a probation officer.
Community service.
Paying restitution to the state or the victim, if applicable.
Attending counseling or educational programs.
Avoiding any further criminal activity.
If the defendant violates the terms of their probation, the court may revoke probation and impose the original prison sentence.
5. Loss of Public Office or Employment
A conviction under Penal Code § 85 PC can lead to disqualification from holding any public office. Since this crime directly involves the manipulation of public officials, individuals convicted of bribing a legislator are often barred from serving in government roles in the future. This can have severe consequences for individuals with a career in politics, government, or public service, as it essentially ends their ability to work in those fields.
In addition to losing eligibility for public office, a conviction for bribery may result in the loss of professional licenses or certifications, depending on the defendant’s occupation. For example, attorneys, doctors, and licensed professionals may face disciplinary action from their professional boards, which could lead to suspension or revocation of their licenses.
6. Criminal Record
A felony conviction for bribery will remain on a person’s criminal record permanently unless it is expunged. Having a criminal record can impact many areas of life, including employment opportunities, housing applications, and personal relationships. Many employers and landlords conduct background checks, and a felony conviction can be a significant obstacle in these situations.
7. Immigration Consequences
For non-citizens, a conviction for bribing a legislator under Penal Code § 85 PC may have serious immigration consequences. Bribery is considered a crime involving moral turpitude, which can lead to deportation or being deemed inadmissible to the United States. This means that individuals convicted of bribery could be deported or prevented from returning to the U.S. in the future.
8. Ineligibility for Expungement
One of the long-term consequences of a Penal Code § 85 PC conviction is that it may not be eligible for expungement if the individual is sentenced to prison. Expungement is the legal process that allows a person to have their conviction removed from their criminal record, giving them a fresh start. However, under California law, individuals sentenced to prison for felony offenses cannot typically have their records expunged. Those who receive probation and complete it successfully may still have the option to petition for expungement.
5. What Are the Related Offenses To Penal Code § 85 PC?
Penal Code § 85 PC addresses the crime of bribing a legislator in California. However, various other laws criminalize similar acts of bribery and corruption involving other public officials, executive officers, judges, jurors, and witnesses. These related offenses share elements with Penal Code § 85 PC and are part of California’s legal framework to prevent corruption and ensure the integrity of public service. Below is an overview of the related offenses to Penal Code § 85 PC.
1. Penal Code § 67 PC – Bribery of Executive Officers
Penal Code § 67 PC makes it illegal to give or offer a bribe to an executive officer to influence their actions, decisions, or votes related to their official duties. Executive officers include government officials who exercise authority in administrative or executive capacities, such as police officers, government agency heads, and other high-ranking public officials.
Penalties:
Bribing an executive officer is a felony offense, punishable by up to 4 years in state prison.
Like Penal Code § 85 PC, this law targets individuals who offer bribes to public officials in exchange for corrupt influence, but it applies specifically to executive officers rather than legislators.
2. Penal Code § 68 PC – Bribery by Executive Officers
Penal Code § 68 PC is the counterpart to Penal Code § 67 PC and makes it a crime for an executive officer to solicit or accept a bribe in exchange for acting (or failing to act) in an official capacity. This law ensures that executive officers cannot take bribes in return for favorable treatment, decisions, or the exercise of their public powers.
Penalties:
A violation of Penal Code § 68 PC is a felony, with a sentence of up to 4 years in state prison, and may result in disqualification from holding any public office in the future.
3. Penal Code § 92 and § 93 PC – Bribery of Judges and Jurors
Penal Code § 92 and Penal Code § 93 PC address bribery involving judges and jurors. These laws criminalize attempts to influence judicial decisions or jury verdicts by offering or giving bribes.
Penal Code § 92 PC: Bribery of Judges or Jurors
Penal Code § 92 PC makes it illegal to offer or give a bribe to a judge, juror, or any person authorized to perform judicial duties in an attempt to influence their decision or verdict.
Penal Code § 93 PC: Acceptance of Bribes by Judges or Jurors
Penal Code § 93 PC makes it a crime for judges, jurors, or court officials to solicit or accept bribes in exchange for delivering a favorable decision or verdict.
Penalties:
Both offenses are felonies, punishable by up to 4 years in state prison. Additionally, a conviction can result in the disqualification of the defendant from holding any future public office or judicial position.
These laws ensure the integrity of the judiciary by preventing undue influence and corruption in courtrooms.
4. Penal Code § 137 and § 138 PC – Bribery of Witnesses
Penal Code § 137 and Penal Code § 138 PC prohibit bribing or attempting to influence a witness to change their testimony or not testify in a legal proceeding.
Penal Code § 137 PC: Offering a Bribe to a Witness
Penal Code § 137 PC makes it illegal to offer a bribe to a witness in an attempt to influence their testimony or to prevent them from testifying.
Penal Code § 138 PC: Acceptance of a Bribe by a Witness
Penal Code § 138 PC criminalizes a witness’s acceptance of a bribe in exchange for changing their testimony or agreeing not to testify.
Penalties:
Both offenses are felonies, punishable by up to 4 years in state prison.
These laws are critical for maintaining the fairness and integrity of the judicial process by ensuring that witness testimony is not compromised through bribery or other corrupt means.
5. Penal Code § 424 PC – Misappropriation of Public Funds
Although not directly related to bribery, Penal Code § 424 PC addresses the unlawful misappropriation or embezzlement of public funds by public officers or employees. This law targets public officials who misuse government resources for personal gain.
Penalties:
A violation of Penal Code § 424 PC is a felony, punishable by 2 to 4 years in state prison, along with permanent disqualification from holding any public office.
While Penal Code § 424 PC does not specifically involve bribery, it deals with related corrupt practices where public officials abuse their positions for personal enrichment.
6. Penal Code § 470-483.5 – Forgery and Fraud-Related Offenses
Forgery and fraud-related offenses, such as those outlined in Penal Code §§ 470-483.5, also relate to the broader category of corruption and unethical behavior in public service. Public officials may use forged documents or engage in fraud to further bribery schemes or conceal corrupt activities.
Penalties:
Depending on the nature of the forgery or fraud, these offenses can be charged as misdemeanors or felonies, with penalties ranging from up to 1 year in county jail to 3 years in state prison.
Forgery and fraud charges often accompany bribery cases when individuals use deceitful means to facilitate or cover up corrupt actions.
7. Penal Code § 165 PC – Bribery of a Public Corporation Officer
Penal Code § 165 PC addresses the bribery of officials in public corporations or state-owned entities. This law makes it illegal to offer, give, or receive bribes in relation to the business of public corporations.
Penalties:
Violations of Penal Code § 165 PC are punishable by up to 4 years in state prison, similar to the penalties for bribery of legislators.
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