Legal Question in Construction Law in California

Bribery

(This is for a book) The young man is accused and found guilty of bribing a clerk in the Land Records Dept. to remove a piece of property from a wildlife Reserve so a mall can be built. What would the judge give the young man as a sentence. Just an educated guess.


Asked on 6/02/07, 1:08 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Bribery

Bribery is covered by the Penal Code, generally at sections 67, 67.5 and 68. If the bribe was given to an executive officer of the state - which I think would include any elected official and any employee with discretionary authority - the penalty would be two, three or four years in state prison. If as you say the person accepting the bribe is only a clerk, the penalty would depend upon the amount of the bribe - if less than the amount needed to make a theft grand theft, it would be a misdemeanor, punishable by a year or less in the county jail; if the value of the bribe was greater than the $400 (?) needed to place it in the grand theft category, it would be a felony, and the sentencing guidelines for felonies would come into play - could be anywhere from probation to several years in state prison, more likely the latter. This applies to the young man giving the bribe.

The sentence for the clerk accepting the bribe would be as set forth in PC section 68 - a bit too long to quote here.

I strongly recommend that you consult an annotated copy of the Penal Code at a law library, and maybe even read a few cases. By the way, you might get more info by re-asking your question under the criminal law category on LawGuru, since that is the body of law concerned and lawyers who do criminal defense law regularly can give you a better feel for the sentence and conditions upon which part or all of the sentence might be suspended and parole granted.

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Answered on 6/02/07, 2:27 pm
Jim Schaefer Schaefer & Associates

Re: Bribery

I agree with Mr. Whipple for purposes of a book.

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Answered on 6/04/07, 1:04 pm


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