CA Penal Code 67 PC

PC 67 – Bribery of an Executive Officer

PC 67 - Bribery of an Executive Officer

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What is PC 67 — Bribery of an Executive Officer?

In California, Penal Code 67 is a state statute that makes it a crime to bribe any executive officer. Police officers and district attorneys are included in the “executive officer” category. Violating this law is a felony and can lead to four years in prison.

Prosecuting PC 67

The prosecution has the burden to prove the following in order the successfully convict someone under PC 67:

  • They gave or offered a bribe to an executive officer, and
  • Acted with corrupt intent to unlawfully influence the officer’s official decision, vote, opinion, or other action.

What is a Bribe?

  • Something with current or future value or advantage
  • A promise to give something that contains current or future value or advantage

What is Corrupt Intent?

In order to act with corrupt intent, the person must act with the intention of wrongfully gaining a financial or other advantages for themselves or somebody else.

What is an Executive Officer?

Under California Penal Code 67, an executive officer is defined as a government official who uses their own discretion when performing their job duties, including:

  • The chief of police and police officers
  • District attorneys
  • The mayor
  • Deputy city coroners

Defending PC 67

There are three powerful defenses against PC 67 charges:

1. The Person Was not an Executive Officer

If the person who was offered the bribe was not actually an executive officer under California law, a violation of PC 67 was not made. However, it’s important to note that bribery is still a crime under different penal code sections, so depending on the exact details, you could still be charged with another offense.

2. The Perpetrator Had No Corrupt Intent

You can only be guilty in these types of bribery cases if you offered the bribe with corrupt intentions to unlawfully influence the officer in question. This means that you can always raise the defense that you did not act with this intent — for example, perhaps you gave the officer something of value as a gift or after selling the item to them in an online transaction.

3. Entrapment

Entrapment is a common defense against bribery charges. Entrapment happens when a law enforcement official lures a person into committing a crime. This is an accepted legal defense as long as your defense team can prove you only committed the crime because of the entrapment.

Penalties for PC 67

As we mentioned, PC 67 violations are felonies under California law and is punishable by:

  • Up to four years in state prison and/or
  • Substantial fines

The crimes related to this statute include:

  1. PC 68: Executive officer taking a bribe — PC 68 makes it a felony for an executive officer to ask for, receive, or agree to, any bribe. Where PC 67 penalizes the person who bribed the executive officer, PC 68 punishes the bribe-accepting executive.
  2. PC 85, PC 86: Bribery by and of legislators — PC 85 makes bribing legislators a crime, while PC 86 defines the crime of bribery by legislators and elected officials.
  3. PC 165: Bribery of county supervisors or public corporations — Under PC 165, it’s a crime to bribe county supervisors and other local government officials. Similar to PC 67, PC 165 is charged as a felony offense.
  4. 18 USC section 201 – Federal Bribery

Can a PC 67 Conviction Get Expunged?

If you work with a skilled defense attorney who helps you avoid prison time, you may be eligible to have your case expunged. Any defendant who receives prison time as punishment for PC 67 violations will not be eligible to have their case expunged.

Help is Available

If you or a loved one is being charged with PC 67, bribing an executive officer, we invite you to contact us immediately for a free case review. When you count on the expert criminal defense attorneys at Esfandi Law Group, you are partnering with some of the best defense attorneys in California. We approach each case with expertise, compassion, and dedication. Contact us today for a free case evaluation and let’s start building a strong case for you — your freedom is too important to put off any longer! Contact us today.

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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