Who is Affected by California's Bribery Laws?
Pretty much everyone who is involved with (or who attempts to get involved with) a bribe. This is because California’s bribery laws apply not only to the person who offers a bribe but also to a person who asks for a bribe. Similarly, these bribery laws punish not only the person who offers the bribe but also the person who accepts the bribe.
Take, for example, Mike, a local business owner who is in jeopardy of losing his store because of a potential new zoning ordinance. If Mike offers Jeff, a local councilman, money to vote against the ordinance, prosecutors could charge Mike with Penal Code 85 PC, California’s law against bribing a legislator. If Jeff accepts the bribe, prosecutors could charge him with Penal Code 86 PC, California’s law that punishes legislators for accepting bribes.
Let’s change the facts slightly, and say that Jeff…knowing that Mike will lose his business if the ordinance passes…approaches Mike and asks if he would be interested in making a deal to save his business. Under these circumstances, prosecutors could still charge Jeff with Penal Code 86 PC for initiating a bribe.
But despite the old adage that it never hurts to ask, a California bribery conviction subjects you to state prison and substantial fines.
