Bribery charges cut in two directions under California law — offering a bribe to a public official is a crime, and a public official accepting one is a separate crime — and both carry serious felony exposure, since the offense strikes directly at public trust in government and law enforcement.
Offering a Bribe to an Executive Officer
Under Penal Code § 67[1], it's a felony to give or offer a bribe to an executive officer of the state, a county, or a city — which includes many law enforcement officers and government officials — with the intent to influence that person's official act. A conviction carries two, three, or four years in state prison, along with disqualification from holding public office.
A Public Official Accepting a Bribe
Under Penal Code § 68[2], it's a felony for an executive officer to ask for, receive, or agree to receive a bribe in exchange for acting or refraining from acting on an official matter within their duties. Like the offering side of the statute, a conviction carries two, three, or four years in state prison and disqualification from holding future public office.
Both Sides of the Statute Require Corrupt Intent
Central to both charges is proof of corrupt intent — that the payment, gift, or favor was offered or accepted specifically to influence an official act, not simply that money or something of value changed hands between a private citizen and a public official. Ordinary campaign contributions, legitimate business dealings, or gifts given without any intent to influence an official decision don't meet the statutory standard, even where the relationship between the parties might otherwise look questionable.
The "Something of Value" Requirement Extends Beyond Cash
A bribe doesn't need to take the form of a direct cash payment — the statute covers any bribe, which can include gifts, favors, employment offers, or other benefits of value, provided the required corrupt intent to influence an official act is present. This broad definition means these cases often require a careful look at the full relationship and context between the parties, not just a single transaction.
These Cases Frequently Involve Extensive Investigation
Because bribery allegations often implicate public officials and government processes, these cases frequently involve extensive investigation by specialized units within district attorney's offices or state agencies, along with financial records, communications, and witness testimony gathered over an extended period before charges are ever filed. Understanding the full scope of that investigation is an important part of evaluating the case.
Related Charges Often Accompany Bribery Allegations
Bribery cases frequently arise alongside related charges, including conflict-of-interest violations, extortion, or fraud, depending on the specific conduct alleged. Because these charges have different elements, a case that doesn't hold up under the bribery statute specifically may still need to be evaluated against these related charges independently.
How Bribery Cases Move Through San Bernardino County Courts
A bribery charge connected to conduct in Chino Hills is arraigned at the Rancho Cucamonga Justice Center[3]. Given the felony-level severity of these charges, the case proceeds through a preliminary hearing, often involving extensive documentary and financial evidence.
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
What a Bribery Defense Typically Examines
- Whether the evidence actually establishes corrupt intent to influence an official act, as opposed to a legitimate transaction or gift
- Whether the recipient actually qualifies as an "executive officer" under the statute's definition
- Whether the alleged benefit was ever actually offered, given, requested, or accepted as described
- Whether the case is being pursued under the correct statute, given the specific facts alleged
Frequently Asked Questions
Does a bribe have to involve cash to count under California law?
No — the statute covers any bribe, which can include gifts, favors, or other benefits of value, provided there was corrupt intent to influence an official act.
Can a legitimate gift to a public official be charged as bribery?
It shouldn't be, absent proof of corrupt intent to influence a specific official act. A gift or favor given without that intent doesn't meet the statutory standard, even if the relationship might otherwise look questionable.
Are both the person offering and the official accepting a bribe criminally liable?
Yes — Penal Code 67 criminalizes offering a bribe, while Penal Code 68 separately criminalizes a public official accepting one, and each requires independent proof of corrupt intent.
Facing a Bribery Charge in Chino Hills or San Bernardino County?
Whether the evidence actually establishes corrupt intent — not just a transaction — is usually the deciding question in these cases. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
