California Penal Code §138 — Witness Accepting Bribe
PC §138 is the accepting-side counterpart to §137. A witness who receives or agrees to receive a bribe upon an understanding that testimony will be influenced is guilty of a straight felony carrying 2, 3, or 4 years in state prison. §138 is a categorical crime of moral turpitude, an obstruction-of-justice offense, and an aggravated felony for immigration purposes where sentence imposed is one year or more.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Witness Accepting Bribe Cases in All LA County Courts
01 — Quick Facts
PC §138 — Witness Accepting Bribe at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §138 — Witness Accepting Bribe |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Penalty | 2, 3, or 4 years state prison + fine up to $10,000 |
| Moral Turpitude | Yes — CIMT |
| Strike | No |
| Probation | Available; disfavored |
| Immigration | Deportable / inadmissible — aggravated felony where sentence ≥ 1 year |
| Brady List | Automatic — permanent disclosure obligation for any law-enforcement or judicial role |
| Restitution | Full disgorgement of bribe |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §138?
What Is California Penal Code §138?
PC §138 Reads:
"(a) Every person who is a witness, or is about to be called as such, who receives, or offers to receive, any bribe, upon any understanding that his or her testimony shall be influenced thereby, or that he or she will absent himself or herself from the trial or proceeding upon which his or her testimony is required, is guilty of a felony. (b) Every person who is a witness, or is about to be called as such, who receives, or offers to receive, any bribe or anything of value or advantage upon any understanding that he or she will withhold true or give false information ... is guilty of a felony."
— California Penal Code §138
PC §138 is the paired accepting-side statute to §137. It punishes any witness — or prospective witness — who receives, agrees to receive, or offers to receive a bribe upon an understanding that testimony will be influenced, that the witness will absent himself from the proceeding, or that the witness will withhold true or give false information.
PC §137 vs PC §138
California's obstruction code is symmetric: §137 punishes the offeror, §138 punishes the witness. Both are straight felonies with identical 2/3/4-year exposure. Prosecutors regularly charge both defendants together, and cooperator testimony from one side is common evidence against the other.
PC §137(a) — Bribing a Witness
Offering side. 2/3/4 years state prison.
PC §138 — Witness Accepting Bribe
Accepting side. 2/3/4 years state prison.
Why §138 Matters Beyond the Sentence
A §138 conviction ends any prospect of law-enforcement, judicial, or licensed-professional employment. It is a categorical CIMT and obstruction-of-justice offense, triggering aggravated-felony immigration treatment where sentence imposed is one year or more (8 USC §1101(a)(43)(S)). It also results in permanent Brady-list disclosure for any witness formerly or currently in law enforcement.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §138
To convict under PC §138, the prosecution must prove each element beyond a reasonable doubt.
Witness Status
The defendant must be a witness or prospective witness — a person who has knowledge material to a pending or reasonably anticipated proceeding.
Receipt or Agreement to Receive
The defendant must have received, agreed to receive, or offered to receive a bribe or thing of value.
Understanding / Agreement
The receipt must be 'upon any understanding' that testimony will be influenced, that the witness will absent himself, or that true information will be withheld or false information given.
Nexus to Testimony or Absence
The agreement must connect the payment to the testimony, absence from proceeding, or withholding / falsification of information.
04 — Penalties
Penalties for PC §138 Witness Accepting Bribe in California
PC §138 penalties are as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Witness Accepting Bribe | PC §138 | 2, 3, or 4 years state prison | Available; disfavored | No |
| Fine | PC §138 / §672 | Up to $10,000 | Fine additional to custody | N/A |
| Restitution & Disgorgement | PC §1202.4 | Full value of bribe received | Mandatory | N/A |
Related Enhancements & Charges
Conspiracy
PC §182
Where the witness and offeror agreed in advance, both charged with felony conspiracy with the same 2/3/4-year exposure.
Perjury
PC §118
Where the witness delivered false testimony under oath as agreed, separate felony filing (2/3/4 years).
§136.1 Dissuading a Witness
PC §136.1
Where the witness's absence from the proceeding results — parallel wobbler filing.
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
- State Bar / DRE / DOI professional-license revocation
- Federal parallel exposure under 18 U.S.C. §201(c) and §1512
- Loss of firearm rights on felony conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §138 Witness Accepting Bribe Charges
Rubin Law, P.C. attacks the elements of PC §138 and drives outcomes that avoid conviction where possible.
No Quid-Pro-Quo Agreement
§138 requires an actual understanding that testimony be influenced or absence produced. Payments for legitimate purposes — expense reimbursement, unrelated employment, family support — absent an agreement, do not satisfy the element.
PC §138
No Witness Status
The defendant must qualify as a witness or prospective witness. Third parties, unrelated persons, and those with no material knowledge are not covered.
PC §138
Attack the Cooperator
Most §138 cases turn on a cooperating co-defendant with plea-benefit motivations. Rubin Law litigates Brady, Giglio, and cooperator-benefit disclosure to attack credibility.
Brady / Giglio
Entrapment
Where law enforcement induced acceptance of a wired bribe by pressure, appeal to family need, or exploitation of financial vulnerability, People v. Barraza (1979) supports an entrapment defense.
Barraza
Legitimate Payment
Reimbursement of documented expenses, employment income, and family support are not bribes. Documentation of legitimate purpose is often dispositive.
PC §138
Duress
Where the witness accepted under threat of harm from a third party, duress (PC §26) is a complete defense.
PC §26 / §7
Reduction / Cooperation
Rubin Law negotiates cooperation agreements, immunized proffers, and reductions to non-CIMT alternatives (PC §32 accessory, §115 false filing) to preserve licensure and immigration relief.
PC §1192.7
Constitutional Sources
07 — Court Process
How PC §138 Witness Accepting Bribe Cases Move Through Los Angeles Courts
PC §138 cases proceed through the following stages.
- 1
Step 1 — Investigation
§138 cases typically arise when the offering-side defendant cooperates and delivers wired recordings of the acceptance. Do not give voluntary statements to law enforcement.
- 2
Step 2 — Filing / Arraignment
Filed as a felony in the criminal courthouse serving the underlying proceeding.
- 3
Step 3 — Discovery & Recording Forensics
Wire recordings, financial records, and text messages drive the case. Rubin Law engages audio-forensic experts and cooperator-bias experts.
- 4
Step 4 — Preliminary Hearing
The People must show a strong suspicion of each element, particularly the agreement element.
- 5
Step 5 — Motion Practice
PC §995 dismissal motions, §1538.5 suppression, entrapment motions, Brady / Giglio disclosure motions.
- 6
Step 6 — Resolution
Outcomes range from dismissal to negotiated pleas to non-CIMT alternatives (PC §32, §115) to trial.
Los Angeles Courts That Handle PC §138 Witness Accepting Bribe Cases
PC §138 cases are filed in the courthouse serving the underlying proceeding.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Witness Accepting Bribe Defense Attorney
Daniel S. Rubin has defended clients charged with witness accepting bribe 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 §138 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Witness Accepting Bribe Cases Throughout LA County
09 — FAQs
PC §138 Witness Accepting Bribe Questions — Los Angeles
What is PC §138?
PC §138 punishes a witness or prospective witness who receives, agrees to receive, or offers to receive a bribe upon an understanding that testimony will be influenced, that the witness will absent himself from the proceeding, or that true information will be withheld / false information given.
Is §138 a strike?
No, §138 is not itself a serious or violent felony under PC §667.5(c) or §1192.7(c).
Is §138 deportable?
Yes. §138 is a categorical crime of moral turpitude and obstruction-of-justice offense. Where sentence imposed is one year or more, §138 is an aggravated felony under 8 USC §1101(a)(43)(S).
What is the difference between §137 and §138?
§137 punishes the person offering the bribe. §138 punishes the witness accepting the bribe. Both are straight felonies with identical 2/3/4-year exposure. Both are frequently charged in the same case.
Can §138 be reduced?
Yes. Common reductions include PC §32 accessory (wobbler), PC §115 false filing, or misdemeanor conspiracy — each preserving licensure and immigration relief where §138 conviction would not.
What if I accepted the payment without knowing it was a bribe?
§138 requires an 'understanding' that testimony be influenced. Absent knowledge of the offering party's corrupt intent, the element fails. Legitimate expense reimbursement, unrelated employment income, and family support are not bribes.
What are the federal parallels?
Federal parallels are 18 U.S.C. §201(c) (bribery of witness — accepting side) and §1512 (witness tampering). Federal Sentencing Guidelines §2J1.2 governs. Rubin Law coordinates state-federal defense.
Available 24/7 — Free Consultation
Accused of Accepting a Bribe as a Witness Under PC §138?
PC §138 is a straight felony with aggravated-felony immigration exposure and permanent Brady-list consequences. Rubin Law, P.C. defends witnesses, cooperators, and professionals under state and federal obstruction statutes.