2009 California Penal Code - Section 67-77 :: Title 5. Of Crimes By And Against The Executive Power Of The State

PENAL CODE
SECTION 67-77

67.  Every person who gives or offers any bribe to any executive
officer in this state, with intent to influence him in respect to any
act, decision, vote, opinion, or other proceeding as such officer,
is punishable by imprisonment in the state prison for two, three or
four years, and is disqualified from holding any office in this
state.

67.5.  (a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city therein, or political subdivision thereof,
any thing the theft of which would be petty theft is guilty of a
misdemeanor.
   (b) If the theft of the thing given or offered would be grand
theft the offense is a felony.

68.  (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision thereof, who asks, receives, or agrees to
receive, any bribe, upon any agreement or understanding that his or
her vote, opinion, or action upon any matter then pending, or that
may be brought before him or her in his or her official capacity,
shall be influenced thereby, is punishable by imprisonment in the
state prison for two, three, or four years and, in cases in which no
bribe has been actually received, by a restitution fine of not less
than two 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 received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten thousand dollars ($10,000), whichever is
greater, and, in addition thereto, forfeits his or her office,
employment, or appointment, and is forever disqualified from holding
any office, employment, or appointment, in this state.
   (b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant's ability to pay the fine.

69.  Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.

70.  (a) Every executive or ministerial officer, employee, or
appointee of the State of California, or any county or city therein,
or any political subdivision thereof, who knowingly asks, receives,
or agrees to receive any emolument, gratuity, or reward, or any
promise thereof excepting such as may be authorized by law for doing
an official act, is guilty of a misdemeanor.
   (b) This section does not prohibit deputy registrars of voters
from receiving compensation when authorized by local ordinance from
any candidate, political committee, or statewide political
organization for securing the registration of voters.
   (c) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman for a public
entity while off duty from his or her principal employment and
outside his or her regular employment as a peace officer of a state
or local agency, and exercising the powers of a peace officer
concurrently with that employment, provided that the peace officer is
in a police uniform and is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
Notwithstanding the above provisions, any and all civil and criminal
liability arising out of the secondary employment of any peace
officer pursuant to this subdivision shall be borne by the officer's
secondary employer.
   (2) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, by a public entity, while wearing a police
uniform as private security guards or patrolmen, and to allow the
exercise of peace officer powers concurrently with that employment.
   (d) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman by a private
employer while off duty from his or her principal employment and
outside his or her regular employment as a peace officer, and
exercising the powers of a peace officer concurrently with that
employment, provided that all of the following are true:
   (A) The peace officer is in his or her police uniform.
   (B) The casual or part-time employment as a private security guard
or patrolman is approved by the county board of supervisors with
jurisdiction over the principal employer or by the board's designee
or by the city council with jurisdiction over the principal employer
or by the council's designee.
   (C) The wearing of uniforms and equipment is approved by the
principal employer.
   (D) The peace officer is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
   (2) Notwithstanding the above provisions, a peace officer while
off duty from his or her principal employment and outside his or her
regular employment as a peace officer of a state or local agency
shall not exercise the powers of a police officer if employed by a
private employer as a security guard during a strike, lockout,
picketing, or other physical demonstration of a labor dispute at the
site of the strike, lockout, picketing, or other physical
demonstration of a labor dispute. The issue of whether or not casual
or part-time employment as a private security guard or patrolman
pursuant to this subdivision is to be approved shall not be a subject
for collective bargaining. Any and all civil and criminal liability
arising out of the secondary employment of any peace officer pursuant
to this subdivision shall be borne by the officer's principal
employer. The principal employer shall require the secondary employer
to enter into an indemnity agreement as a condition of approving
casual or part-time employment pursuant to this subdivision.
   (3) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform approved by
the principal employer, as private security guards or patrolmen, and
to allow the exercise of peace officer powers concurrently with that
employment.
   (e) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, other employment
while off duty from his or her principal employment and outside his
or her regular employment as a peace officer of a state or local
agency.
   (2) Subject to subdivisions (c) and (d), and except as provided by
written regulations or policies adopted by the employing state or
local agency, or pursuant to an agreement between the employing state
or local agency and a recognized employee organization representing
the peace officer, no peace officer shall be prohibited from engaging
in, or being employed in, other employment while off duty from his
or her principal employment and outside his or her regular employment
as a peace officer of a state or local agency.
   (3) If an employer withholds consent to allow a peace officer to
engage in or be employed in other employment while off duty, the
employer shall, at the time of denial, provide the reasons for denial
in writing to the peace officer.

70.5.  Every commissioner of civil marriages or every deputy
commissioner of civil marriages who accepts any money or other thing
of value for performing any marriage pursuant to Section 401 of the
Family Code, including any money or thing of value voluntarily
tendered by the persons about to be married or who have been married
by the commissioner of civil marriages or deputy commissioner of
civil marriages, other than a fee expressly imposed by law for
performance of a marriage, whether the acceptance occurs before or
after performance of the marriage and whether or not performance of
the marriage is conditioned on the giving of such money or the thing
of value by the persons being married, is guilty of a misdemeanor.
   It is not a necessary element of the offense described by this
section that the acceptance of the money or other thing of value be
committed with intent to commit extortion or with other criminal
intent.
   This section does not apply to the request or acceptance by any
retired commissioner of civil marriages of a fee for the performance
of a marriage.
   This section is inapplicable to the acceptance of a fee for the
performance of a marriage on Saturday, Sunday, or a legal holiday.

71.  Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:
   (1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
   (2) If such person has been previously convicted of a violation of
this section, such previous conviction shall be charged in the
accusatory pleading, and if such previous conviction is found to be
true by the jury, upon a jury trial, or by the court, upon a court
trial, or is admitted by the defendant, he is punishable by
imprisonment in the state prison.
   As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.

72.  Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or to any
county, city, or district board or officer, authorized to allow or
pay the same if genuine, any false or fraudulent claim, bill,
account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of
not exceeding one thousand dollars ($1,000), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a
fine of not exceeding ten thousand dollars ($10,000), or by both such
imprisonment and fine.
   As used in this section "officer" includes a "carrier," as defined
in subdivision (a) of Section 14124.70 of the Welfare and
Institutions Code, authorized to act as an agent for a state board or
officer or a county, city, or district board or officer, as the case
may be.

72.5.  (a) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred in attending a political function
organized to support or oppose any political party or political
candidate, presents such a claim for allowance or for payment to any
state board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims, is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.
   (b) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred to gain admittance to a political
function expressly organized to support or oppose any ballot measure,
presents such a claim for allowance or for payment to any state
board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.

73.  Every person who gives or offers any gratuity or reward, in
consideration that he or any other person shall be appointed to any
public office, or shall be permitted to exercise or discharge the
duties thereof, is guilty of a misdemeanor.

74.  Every public officer who, for any gratuity or reward, appoints
another person to a public office, or permits another person to
exercise or discharge any of the duties of his office, is punishable
by a fine not exceeding ten thousand dollars ($10,000), and, in
addition thereto, forfeits his office and is forever disqualified
from holding any office in this state.

76.  (a) Every person who knowingly and willingly threatens the life
of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff, immediate family, or immediate family of the
staff of any elected public official, county public defender, county
clerk, exempt appointee of the Governor, judge, or Deputy
Commissioner of the Board of Prison Terms, with the specific intent
that the statement is to be taken as a threat, and the apparent
ability to carry out that threat by any means, is guilty of a public
offense, punishable as follows:
   (1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both that fine and imprisonment.
   (2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and if the previous conviction is found to be true by the
jury upon a jury trial, or by the court upon a court trial, or is
admitted by the defendant, the offense is punishable by imprisonment
in the state prison.
   (b) Any law enforcement agency that has knowledge of a violation
of this section involving a constitutional officer of the state, a
Member of the Legislature, or a member of the judiciary shall
immediately report that information to the Department of the
California Highway Patrol.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Apparent ability to carry out that threat" includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
   (2) "Serious bodily harm" includes serious physical injury or
serious traumatic condition.
   (3) "Immediate family" means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.
   (4) "Staff of a judge" means court officers and employees,
including commissioners, referees, and retired judges sitting on
assignment.
   (5) "Threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and the apparent ability
to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety
of his or her immediate family.
   (d) As for threats against staff or immediate family of staff, the
threat must relate directly to the official duties of the staff of
the elected public official, county public defender, county clerk,
exempt appointee of the Governor, judge, or Deputy Commissioner of
the Board of Prison Terms in order to constitute a public offense
under this section.
   (e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.

77.  The various provisions of this title, except Section 76, apply
to administrative and ministerial officers, in the same manner as if
they were mentioned therein.


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