Penal Code § 68 addresses specified California public officers, employees and appointees who ask for, receive or agree to receive a bribe tied to official influence. A request can matter even when no money changes hands. The central review is whether the person’s actual role, alleged benefit, communications and corrupt understanding satisfy the charged provision—not simply whether a payment looks unusual.

Does the person’s role fall within § 68?

Section 68(a) names executive or ministerial officers, employees and appointees of California, its counties, cities and political subdivisions. Its operative conduct includes the exact excerpt “asks, receives, or agrees to receive, any bribe.” The agreement or understanding concerns influence over a vote, opinion or action on an official matter pending or potentially coming before that person.

Start with the actual appointment, job duties and authority over the matter. The Judicial Council’s 2026 CALCRIM No. 2603 contains alternatives for several statutes and roles. A reference to legislative or judicial officers in that shared instruction does not make every such position a § 68 case. Counsel must select the charged statute and relevant role instead of treating “public official” as a complete legal definition.

What alleged exchange must the evidence establish?

CALCRIM No. 2603 requires a request, taking or agreement to take a bribe; an express or implied representation that it would unlawfully influence official action; and corrupt intent. Its definition of a bribe includes present or future value or advantage, as well as a promise of such a benefit. The alleged benefit therefore may require review beyond a cash deposit.

Compare the full communication with the official matter, chronology and financial records. Was the alleged statement about lawful compensation, an unrelated transaction or an advantage connected to official action? Those are factual questions for counsel to examine, not labels that automatically resolve the accusation. Preserve the complete record, including appointment terms, invoices, account entries, messages, calendars and any lawful explanation already documented.

For a request or agreement theory, the instruction explains that particular words are unnecessary when the language and circumstances establish the request. It also permits applicable instructions that the other person need not actually consent and that the accused need not follow through. Lack of a completed payment or official action therefore does not defeat every possible § 68 theory.

What penalties does the statute describe?

Section 68 provides two, three or four years in state prison and a restitution fine whose formula depends on whether a bribe was received:

  • No bribe actually received: the specified fine is $2,000 to $10,000.
  • Bribe received: the minimum is the greater of $2,000 or the amount received; the provision permits a larger fine up to the greater of $10,000 or twice the amount received.

Subdivision (b) requires consideration of the defendant’s ability to pay. The statute also specifies forfeiture of office, employment or appointment and permanent disqualification from holding such a position in California. These are statutory consequences of the offense, not a declaration that an accusation alone establishes guilt or immediately imposes every consequence. Counsel should assess the criminal count and any separate employment process together.

The firm’s § 67 executive-officer bribery guide concerns the giver or offeror. Section 68 addresses the specified public recipient or requester. The commercial-bribery overview concerns a separate private-employment framework. Identify the person’s role and cited statute before borrowing another offense’s elements or penalties.

Bring the investigation request or complaint, position records, complete communications and alleged benefit trail to counsel. Preserve originals and discuss any requested interview before responding; do not coordinate explanations with other participants or alter records. The Law Offices of David S. Chesley can review the specific criminal allegation and next procedural step. Contact the firm or call (800) 755-5174.