California Penal Code §137 — Bribery of Witness
PC §137 punishes anyone who gives, offers, or promises a bribe to a witness — or who uses force, threats, or fraud — to influence testimony. Subdivision (a) (bribing a witness) is a straight felony carrying 2, 3, or 4 years in state prison. Subdivisions (b) and (c) (inducing false or withheld testimony without a bribe) are misdemeanors. §137 is a crime of moral turpitude and a categorical obstruction-of-justice offense with severe immigration and licensing consequences.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Bribery of Witness Cases in All LA County Courts
01 — Quick Facts
PC §137 — Bribery of Witness at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §137 — Bribing / Influencing a Witness |
| Code Type | Penal Code (PC) |
| Classification | §137(a) Felony; §137(b)–(c) Misdemeanor |
| §137(a) Penalty | 2, 3, or 4 years state prison + fine |
| §137(b)–(c) Penalty | Up to 1 year county jail + fine up to $5,000 |
| Moral Turpitude | Yes — CIMT |
| Strike | No (unless tied to a violent-felony case) |
| Probation | Available; disfavored on §137(a) felonies |
| Immigration | Deportable / inadmissible — obstruction of justice under 8 USC §1101(a)(43)(S) |
| Aggravated Felony | Yes if sentence imposed is 1 year or more (INA §101(a)(43)(S)) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §137?
What Is California Penal Code §137?
PC §137 Reads:
"(a) Every person who gives or offers, or promises to give, to any witness, person about to be called as a witness, or person about to give material information pertaining to a crime to a law enforcement official, any bribe, upon any understanding or agreement that the testimony of such witness or information given by such person shall be thereby influenced is guilty of a felony. (b) Every person who attempts by force or threat of force or by the use of fraud to induce any person to give false testimony or withhold true testimony or to give false material information pertaining to a crime to, or to withhold true material information pertaining to a crime from, a law enforcement official is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison. (c) Every person who knowingly induces another person to give false testimony or withhold true testimony not privileged by law or to give false material information pertaining to a crime to, or withhold true material information pertaining to a crime from, a law enforcement official is guilty of a misdemeanor."
— California Penal Code §137(a)–(c)
PC §137 is California's core witness-bribery and witness-influence statute. It criminalizes three distinct forms of conduct: (a) offering a bribe with an agreement that the testimony will be influenced; (b) using force, threats, or fraud to induce false testimony or withhold true testimony; and (c) knowingly inducing another to give false or withhold true testimony without force or bribe. Each subdivision has a different classification and penalty.
PC §137 vs PC §138
§137 punishes the offering side. §138 punishes the accepting side (the witness who takes the bribe or agrees to alter testimony). Both are paired obstruction-of-justice statutes with the same 2/3/4-year exposure on the felony subdivisions.
PC §137(a) — Bribing a Witness
Straight felony. Offering money or benefit to a witness with an agreement that testimony be influenced. 2/3/4 years state prison.
PC §138 — Witness Accepting Bribe
Straight felony. The witness receiving or agreeing to receive value in exchange for testimony. 2/3/4 years state prison.
Why §137 Matters Beyond the Sentence
Beyond custody, a §137 conviction is a categorical obstruction-of-justice offense triggering aggravated-felony immigration treatment where sentence imposed is one year or more (8 USC §1101(a)(43)(S)), moral-turpitude designation triggering licensure discipline (State Bar, DRE, DOI), and permanent inclusion in the DA's Brady index for anyone in law enforcement or the judicial system. Rubin Law defends §137 cases with a rigorous attack on the required agreement / corrupt-intent element.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §137
To convict under PC §137, the prosecution must prove each element beyond a reasonable doubt.
Offer, Gift, or Promise (§137(a))
The defendant gave, offered, or promised any bribe — money, property, or thing of value — to a witness, prospective witness, or person about to give material information to law enforcement.
Agreement / Understanding
The offer must be made 'upon any understanding or agreement that the testimony ... shall be thereby influenced.' Mere payment is not enough — the People must prove the quid-pro-quo.
Recipient's Status (§137(a))
The recipient must be a witness, a prospective witness, or a person about to give material information to a law-enforcement official — at the time of the offer.
Force, Threat, or Fraud (§137(b))
For §137(b), the People must prove the defendant used force, threat of force, or fraud to induce false testimony or the withholding of true testimony.
Knowing Inducement (§137(c))
For §137(c), the defendant must have knowingly induced another to give false testimony or withhold true testimony. Mere requests, absent knowledge of falsity, are insufficient.
04 — Penalties
Penalties for PC §137 Bribery of Witness in California
PC §137 penalties are stratified by subdivision.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Bribing a Witness (§137(a)) | PC §137(a) | 2, 3, or 4 years state prison | Available; disfavored | No |
| Force / Threat / Fraud to Induce False Testimony (§137(b)) | PC §137(b) | Up to 1 year county jail (wobbler-alt to felony) | Available | No |
| Knowingly Inducing False Testimony (§137(c)) | PC §137(c) | Up to 6 months county jail | Available | No |
| Fine | PC §137 / §672 | Up to $10,000 | Fine additional to custody | N/A |
Related Enhancements & Charges
Great Bodily Injury / Force
PC §12022.7
Where force under §137(b) causes GBI, adds 3–6 years consecutive.
Conspiracy
PC §182
Two or more persons agreeing to bribe or intimidate a witness — separate felony with same 2/3/4-year exposure.
§136.1 Witness Intimidation
PC §136.1
Frequently charged together — dissuading a witness by threat or malice, wobbler with felony 2/3/4-year exposure.
Beyond the Sentence
- Categorical crime of moral turpitude — CIMT for immigration and licensing
- Aggravated felony where sentence imposed ≥ 1 year (8 USC §1101(a)(43)(S))
- Permanent Brady-list disclosure for anyone in law enforcement / judicial roles
- State Bar discipline / disbarment; professional-license revocation
- Federal parallel exposure under 18 U.S.C. §201(b), §1512 (witness tampering)
- Loss of firearm rights on felony conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §137 Bribery of Witness Charges
Rubin Law, P.C. attacks the elements of PC §137 and drives outcomes that avoid conviction where possible.
No Quid-Pro-Quo Agreement
§137(a) requires an actual understanding that testimony be influenced. Payments for legitimate purposes — witness-fee reimbursement, family support, consulting — absent an agreement, do not satisfy the element.
PC §137(a)
No Force, Threat, or Fraud
§137(b) requires proof of force, threat, or fraud. Ordinary requests, family discussions, or lawful counsel to assert privilege are not covered.
PC §137(b)
No Knowledge of Falsity
§137(c) requires knowing inducement of FALSE testimony. If the defendant believed the requested testimony was true, or merely urged the witness to say nothing without knowing what was true, §137(c) fails.
PC §137(c)
First Amendment / Lawful Advocacy
Attorneys, family members, and clergy have a First Amendment right to counsel witnesses and to encourage assertion of the Fifth Amendment or spousal / marital privilege. Lawful advocacy is not §137 conduct.
First Amendment
Attack the Recording / Cooperator
Most §137 cases rely on consensual recordings by a cooperating witness. Rubin Law litigates PC §632, chain-of-custody, entrapment, and cooperator-bias attacks on the audio evidence.
PC §632
Entrapment
Where law enforcement induced the defendant to make the offer through a wired cooperator, People v. Barraza (1979) supports an entrapment defense.
Barraza
Reduction to §32 Accessory or §135 Destroying Evidence
In appropriate cases Rubin Law negotiates reductions to PC §32 (wobbler accessory) or §135 (misdemeanor destroying evidence) — both preserving licensure and immigration relief where §137 conviction would not.
Constitutional Sources
07 — Court Process
How PC §137 Bribery of Witness Cases Move Through Los Angeles Courts
PC §137 cases proceed through the following stages in Los Angeles County courts.
- 1
Step 1 — Investigation
Most §137 cases originate with an existing criminal investigation where a cooperating witness reports the offer and law enforcement obtains consensual recordings. Do not give voluntary statements to law enforcement.
- 2
Step 2 — Filing / Arraignment
§137(a) is filed as a felony in the criminal courthouse for the county of the conduct. Bail depends on the underlying case, flight risk, and evidence weight.
- 3
Step 3 — Discovery & Recording Forensics
Wire recordings, text messages, and financial records drive the case. Rubin Law engages audio-forensic experts to challenge transcription and interpretation.
- 4
Step 4 — Preliminary Hearing
The People must show a strong suspicion of each element — including the specific corrupt-agreement element. Defense frequently litigates the agreement element at prelim.
- 5
Step 5 — Motion Practice
PC §995 motions to dismiss, PC §1538.5 suppression, entrapment motions, and Pitchess motions.
- 6
Step 6 — Resolution
Outcomes range from dismissal to negotiated reductions (PC §32, §135, §182) to trial. Rubin Law prioritizes non-CIMT resolutions to preserve licensure and immigration relief.
Los Angeles Courts That Handle PC §137 Bribery of Witness Cases
PC §137 cases are filed in the courthouse serving the underlying case.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Bribery of Witness Defense Attorney
Daniel S. Rubin has defended clients charged with bribery of witness and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §137 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Bribery of Witness Cases Throughout LA County
09 — FAQs
PC §137 Bribery of Witness Questions — Los Angeles
What is PC §137?
PC §137 punishes bribery, force, threats, fraud, and knowing inducement directed at witnesses or prospective witnesses. Subdivision (a) (bribing a witness) is a straight felony carrying 2/3/4 years in state prison; (b) and (c) are misdemeanors.
Is §137 a strike?
No, §137 is not itself a serious or violent felony under PC §667.5(c) or §1192.7(c). However, when charged alongside a strike offense the underlying case can carry strike consequences.
Is §137 deportable?
Yes. §137 is a categorical crime of moral turpitude and obstruction-of-justice offense. Where sentence imposed is one year or more, §137 becomes an aggravated felony under 8 USC §1101(a)(43)(S) — mandatory deportation and permanent inadmissibility.
What is the difference between §137 and §136.1?
§137 targets giving false or withheld testimony (positive interference with the content of testimony). §136.1 targets preventing or dissuading a witness from testifying or reporting altogether. The two statutes are frequently charged together.
Can lawful advice to assert the Fifth Amendment violate §137?
No. Advising a witness to assert a valid legal privilege — Fifth Amendment, spousal, attorney-client — is not §137 conduct. §137(c) requires inducement of FALSE testimony or withholding of TRUE testimony 'not privileged by law.'
What are the federal parallels?
Federal witness tampering is charged under 18 U.S.C. §1512 (obstruction / tampering) and §201(b) (bribery of witness). Federal exposure ranges from 20 years to life for tampering resulting in death. Rubin Law coordinates state-federal defense.
Can §137 be reduced?
Yes — Rubin Law regularly negotiates reductions to PC §32 (accessory), §135 (destroying evidence), or misdemeanor conspiracy. Each preserves licensure and immigration relief where §137 conviction would not.
Available 24/7 — Free Consultation
Accused of Bribing or Influencing a Witness Under PC §137?
PC §137 is a categorical obstruction-of-justice offense with aggravated-felony immigration exposure and permanent Brady-list consequences. Rubin Law, P.C. defends professionals, attorneys, and family members under state and federal witness-tampering statutes.