All Laws Decoded

Bribery Laws in California

How California law treats bribery: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Offering a bribe to a state executive officer, or to a member of a city council, board of supervisors or similar local body, is a felony of 2, 3 or 4 years in state prison and bars the person from holding office; Cal. Pen. Code 67, 67.5, 68, 165, 641.3; Pen. Code 17, 18, 19, 1170(h)

BriberyOffering a bribe to a state executive officer, or to a member of a city council, board of supervisors or similar local body, is a felony of 2, 3 or 4 years in state prison and bars the person from holding office; a local member who accepts a bribe forfeits office. A state or local officer or employee who asks for or accepts a bribe faces 2, 3 or 4 years plus a restitution fine. Bribing a lower-level public employee is a misdemeanor if the thing offered is worth petty-theft value and a 1170(h) felony if it is worth grand-theft value. Commercial bribery (an employee taking money to secretly favor someone over the employer, or the person paying it) applies above $250: up to 1 year in county jail up to $1,000, and above $1,000 up to 1 year in jail or 16 months, 2 or 3 years in state prison.
Local bodies: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=165 ; receiving: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=68 ; ministerial employees: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=67.5 ; commercial bribery: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=641.3 . Penalty background (Pen. Offenses punishable either in county jail up to 1 year or as a felony are 'wobblers' that can be charged as a misdemeanor or felony (Pen. Code 17(b)).

More California criminal law

FAQ

Is bribery a felony in California?
Offering a bribe to a state executive officer, or to a member of a city council, board of supervisors or similar local body, is a felony of 2, 3 or 4 years in state prison and bars the person from holding office; a local member who accepts a bribe forfeits office. A state or local officer or employee who asks for or accepts a bribe faces 2, 3 or 4 years plus a restitution fine. Bribing a lower-level public employee is a misdemeanor if the thing offered is worth petty-theft value and a 1170(h) felony if it is worth grand-theft value. Commercial bribery (an employee taking money to secretly favor someone over the employer, or the person paying it) applies above $250: up to 1 year in county jail up to $1,000, and above $1,000 up to 1 year in jail or 16 months, 2 or 3 years in state prison.
Can I get a court-appointed lawyer for bribery in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for bribery cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for bribery in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for bribery be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.