California Penal Code Section 92 PC & California Penal Code Section 93 PC: Bribery Of Judges And Jurors

California Penal Code Section 92 and 93: Bribery of Judges and Jurors

Bribing judges and jurors is illegal in California. This article will explain California Penal Code Sections 92 and 93, which make it a crime to bribe judges, jurors, referees, arbitrators, and other judicial officers. We’ll discuss what constitutes bribery under these laws, penalties for violations, and potential defenses.

What is California Penal Code Section 92?

California Penal Code Section 92 makes it a felony to bribe a judge, juror, referee, arbitrator, or other judicial officer. Here’s what the law says:

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 or her vote, opinion, or decision upon any matter or question which is or may be brought before him or her for decision, is punishable by imprisonment in the state prison for two, three or four years.

So this law bans giving or offering any kind of bribe to any type of judicial officer, like a judge or juror, if you’re trying to influence their decision on a case. A “bribe” doesn’t have to be money – it could be anything of value, like an offer of a job, a gift, or a favor.

What is California Penal Code Section 93?

California Penal Code Section 93 makes it illegal for the judicial officers themselves to ask for or receive bribes. Here’s what it says:

Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three or four years.

So while Section 92 targets the bribe-givers, Section 93 targets the bribe-takers – judges, jurors, and other officers who ask for or take bribes to influence their decision-making.

Penalties for Bribery of Judges and Jurors in California

Violating either California Penal Code Section 92 or 93 is a felony offense. The possible penalties include:

• 2, 3, or 4 years in California state prison
• Up to $10,000 in fines
• Informal probation
• Restitution to victims

Judges and prosecutors tend to view these offenses harshly, given the damage they can do to the justice system. So defendants often face the higher end of these sentencing ranges.

Legal Defenses to Bribery Charges

Fighting bribery charges under PC 92 or 93 starts with examining the prosecution’s evidence and identifying weaknesses in their case. Here are some potential defenses:

You Didn’t Actually Offer a Bribe

The first step is looking closely at the prosecution’s evidence that you offered or gave a bribe. If the evidence is weak, the charges can potentially get dismissed early on. Or at trial, you can argue the evidence doesn’t prove you offered a bribe beyond a reasonable doubt.

You Had No Intent to Influence

These laws require prosecutors to prove you offered or gave a bribe with the intent to influence the officer’s decision. If you can show you had no intent to influence, that could defeat the charges. For example, if you gave a gift without any implied quid pro quo.

You Were Entrapped

An entrapment defense argues that police induced or coerced you into committing a crime you otherwise wouldn’t have. This can apply if an undercover officer aggressively pushed you to offer a bribe. Entrapment can defeat the charges or lead to reduced penalties.

You Were Falsely Accused

False accusations happen, especially in heated legal disputes or divorce/custody cases. You may be able to show the supposed bribe victim has bias, credibility problems, or motives to lie. Skilled defense lawyers can often uncover these issues and prevent false convictions.

Recent California Cases

Here are some recent real-world examples of charges under these laws:

• People v. Drobot – In this 2014 case, a California doctor was convicted under PC 92 for bribing a state senator and workers’ compensation judge to refer patients to his spinal surgery clinic. He was sentenced to 5 years in prison.
• People v. Yagman – A defense attorney was charged under PC 92 for allegedly offering a bribe to a bankruptcy judge to rule in favor of his client. The charges were dismissed after he argued he was just zealously representing his client, not trying to bribe the judge.
• People v. Saldana – In this 2021 case, a former LA County assessor was convicted under both PC 92 and 93 for taking bribes from property tax consultants in exchange for lowering their clients’ property taxes.

These cases illustrate how seriously California takes these bribery laws. But they also show paths to challenging the charges when the evidence is questionable or proper legal procedures weren’t followed.

Conclusion

Getting charged with bribing or taking bribes as a judge or juror can lead to felony convictions and years in prison. These accusations require an aggressive legal defense focused on the flaws in the prosecution’s case. With an experienced California criminal defense lawyer’s help, many defendants in these cases can avoid convictions and preserve their freedom and reputations.