PC 86 Accepting Bribe; Penalties Is as serious crime. If you have been accused of accepting a bribe, you could be facing serious prison time. You may want to consult with an attorney about you case. Call Fresno Criminal Defense Attorney Jonathan Rooker for a free initial appoint in person, to review your case with you.
PC 86 Accepting Bribe; Penalties
Every Member of either house of Legislature, or any member of the legislative body of a city, county, city and county, school district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may matter upon which he or she may be required to act in his or her official capacity, or gives, or others or promises to give, any official vote in consideration that another Member of the legislate, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is punishable by imprisonment in the state prison for two, three or four years and, in cases in which no bride has been actually received, by a restitution fine of not less that won thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe relieved or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double ($10,000), which ever is greater.
In imposing a fine under this section, the court shall consider the defendant's ability to pay the fine.
If I am convicted of violating PC 86, how much trouble will I be in? Will I go to prison?
You can serve a prison term of 2, 3, or 4 years. If granted probation the jail sentence could be up to 1 year in county.
What are the elements of PC 86?
1. Defendant was a Member of either house of the Legislature, or a member of the legislative body of a city, county, city and county, school district, or other special district.
2. Defendant asked for, received, or agreed to receive a bribe.
3. Defendant's request for, receipt of, or agreement to receive, a bribe was upon an agreement or understanding that his or her official action would be influenced thereby.
Is PC 86 a moral turpitude crime?
Yes, a violating of PC 86 is moral turpitude crime that could have serious repercussions on future licensing, employment, or other situations.