SECTIONS 85-88 - California Statutes

PENAL CODE

SECTION 85-88

85. Every person who gives or offers to give a bribe to any Member
of the Legislature, any member of the legislative body of a city,
county, city and county, school district, or other special district,
or to another person for the member, or attempts by menace, deceit,
suppression of truth, or any corrupt means, to influence a member in
giving or withholding his or her vote, or in not attending the house
or any committee of which he or she is a member, is punishable by
imprisonment in the state prison for two, three or four years.

86. Every Member of either house of the Legislature, or any member
of the legislative body of a city, county, city and county, school
district, or other special 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 be required to act in
his or her official capacity, or gives, or offers or promises to
give, any official vote in consideration that another Member of the
Legislature, 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 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.
In imposing a fine under this section, the court shall consider
the defendant's ability to pay the fine.

88. Every Member of the Legislature, and every member of a
legislative body of a city, county, city and county, school district,
or other special district convicted of any crime defined in this
title, in addition to the punishment prescribed, forfeits his or her
office and is forever disqualified from holding any office in this
state or a political subdivision thereof.