California Penal Code §86 — Legislator Accepting Bribe
PC §86 punishes any Member of the California Legislature — State Senator or Assembly Member — or any member of a local legislative body who asks for, receives, or agrees to receive a bribe. The offense is a straight felony: 2, 3, or 4 years state prison plus fines up to $10,000 (or the amount of the bribe, whichever is greater), and permanent disqualification from public office. Vote-trading (agreeing to give a vote in exchange for another member's vote) is also punishable under this statute.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Legislator Accepting Bribe Cases in All LA County Courts
01 — Quick Facts
PC §86 — Legislator Accepting Bribe at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §86 — Legislator Accepting Bribe |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Penalty | 2, 3, or 4 years state prison + up to $10,000 fine |
| Public Office | Permanent disqualification from holding public office in California |
| Moral Turpitude | Yes — CIMT / crime of dishonesty |
| Strike | No |
| Probation | Available but rare — court disfavors probation on public-corruption felonies |
| Immigration | Deportable and inadmissible for non-citizens under 8 USC §1227(a)(2)(A)(i) |
| Restitution | Full disgorgement of bribe + government losses |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §86?
What Is California Penal Code §86?
PC §86 Reads:
"Every Member of either house of the Legislature, or 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, and, in addition thereto, not more than double the amount of the bribe received or ten thousand dollars ($10,000), whichever is greater."
— California Penal Code §86
PC §86 criminalizes a legislator's acceptance of a bribe and, uniquely, criminalizes vote-trading — agreeing to give a particular vote in exchange for another member's vote. It reaches state legislators, city council members, county supervisors, school board members, and special-district board members. Federal parallel charges under 18 U.S.C. §201 (federal officials) and §666 (federal-funds programs), plus Hobbs Act charges under 18 U.S.C. §1951 for extortion under color of official right, are routine.
The Bribery Chain Under California Law
California's public-corruption statutes are paired: for every 'offering' statute (§67 executive officers, §85 legislators, §92 judges/jurors, §165 supervisors) there is a matching 'accepting' statute (§68, §86, §93). Both sides face the same 2/3/4-year exposure, permanent office bar, and CIMT immigration consequences. Rubin Law defends both sides of the transaction.
PC §86 — Legislator Accepting Bribe
Accepting side. Punishes any Member of the California Legislature or local legislative body who asks for, receives, or agrees to receive a bribe.
PC §641.3 — Commercial Bribery
Private-sector counterpart. Wobbler above $1,000 — misdemeanor / felony optional.
Why §86 Matters Beyond the Sentence
PC §86 conviction terminates a legislator's political career: automatic office forfeiture by operation of California Constitution art. VII §8, permanent office bar, and CIMT designation. The vote-trading provision is a distinctive feature — even where no external bribe is paid, coordinated vote-swapping between legislators can be prosecuted. Modern §86 cases frequently involve wire recordings by cooperating lobbyists, making motion practice on recording integrity and interpretation critical.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §86
To convict under PC §86, the prosecution must prove each of the following elements beyond a reasonable doubt.
Recipient Was a Member of the Legislature or local legislative body
The defendant must have been a qualifying official (as defined by the statute) at the time of the alleged conduct.
Ask, Receive, or Agree to Receive
The prosecution must prove the defendant asked for, received, or agreed to receive money, property, appointment, gratuity, service, or anything of value.
Corrupt Intent
The defendant must have acted with corrupt intent — with the specific understanding that the value received would influence their vote, opinion, or official action.
Nexus to Official Action
The value received must have been connected to the exercise of the defendant's official duties — voting, deciding, testifying, or exercising discretion.
04 — Penalties
Penalties for PC §86 Legislator Accepting Bribe in California
PC §86 penalties are structured as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Legislator Accepting Bribe | PC §86 | 2, 3, or 4 years state prison | Available but disfavored | No |
| Fine | PC §86 | Up to $10,000 or the amount of the bribe (whichever is greater) | Fine additional to custody | N/A |
| Public Office Bar | Cal. Const. art. VII §8 | Permanent disqualification from state or local public office | Collateral consequence | N/A |
| Restitution & Disgorgement | PC §1202.4 | Full value of bribe + government losses | Mandatory | N/A |
Related Enhancements & Charges
Aggravated Loss
PC §186.11
Aggregate takings above $500,000 in a pattern of related felony conduct add 2, 3, or 5 years — commonly filed with public-corruption cases.
Conspiracy
PC §182
Two or more persons agreeing to commit bribery — filed as felony conspiracy with the same 2/3/4-year exposure.
Money Laundering
PC §186.10
Where bribe proceeds moved through banking transactions — parallel felony filing with additional 1–4 year enhancements.
Beyond the Sentence
- Permanent bar from holding California public office (Cal. Const. art. VII §8)
- Federal parallel charges under 18 U.S.C. §201, §666, §1341, §1343
- Public arrest record and criminal-history rap sheet exposure
- Professional license revocation (State Bar, DRE, CBA, medical boards) — CIMT / dishonesty triggers
- Immigration consequences for non-citizens — deportable and inadmissible
- Employment background-check disclosure — CIMT tag closes most licensed and fiduciary roles
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §86 Legislator Accepting Bribe Charges
Rubin Law, P.C. attacks the elements of PC §86 and drives outcomes that avoid conviction where possible.
No Corrupt Intent
The statute requires a specific corrupt intent — an intent to influence the officer's official action. Campaign contributions, political support, and ordinary lobbying activities without a quid-pro-quo do not meet this element. McCormick v. United States (1991) and People v. Diedrich (1982) frame the analysis under California law.
PC §7 / McCormick
No Quid Pro Quo — No Agreement
§86 requires an actual or implied agreement that the payment influence official conduct. Gratuities delivered without an agreement, and payments for unrelated services, fall outside the statute.
People v. Gliksman
Entrapment / Government Overreach
Undercover sting operations that induce a public official to accept an improper payment they otherwise would not have accepted support an entrapment defense under People v. Barraza (1979).
PC §1181 / Barraza
Attack the Undercover Recording
Most public-corruption cases are built on wiretaps, consensual recordings, and body wires. Rubin Law litigates PC §632 / Title III challenges, chain-of-custody, and interpreter-integrity attacks on the audio evidence.
PC §632 / 18 U.S.C. §2510
Legitimate Payment / Reimbursement
Payments for actual services rendered, reimbursement of expenses, or lawful compensation under an existing contract are not bribes. Documentation of legitimate purpose is often dispositive.
PC §86
First Amendment Petitioning
Political contributions and constituent advocacy fall under Noerr-Pennington and First Amendment protection unless a specific quid pro quo is proved. This is a substantial constitutional defense in campaign-donation cases.
First Amendment
Cooperation & Sentence Mitigation
In multi-defendant investigations, PC §1192.7 and federal 5K1.1 cooperation can substantially reduce exposure — but must be carefully structured to avoid additional charges. Rubin Law negotiates immunized proffers before any statement.
PC §1192.7
Constitutional Sources
07 — Court Process
How PC §86 Legislator Accepting Bribe Cases Move Through Los Angeles Courts
PC §86 cases proceed through the following stages in Los Angeles County courts and, where jurisdiction attaches, in federal court.
- 1
Step 1 — Investigation
Most §86 cases originate with the FBI, DA Public Integrity Division, State Attorney General, or Political Reform Act audits. Investigations often involve wiretaps, consensual recordings, and cooperating witnesses. Do not give voluntary statements — the target is almost always recorded in advance.
- 2
Step 2 — Filing / Arraignment
Felony filings begin in the criminal courthouse for the county where the conduct occurred. Bail depends on flight risk, position held, and evidence weight. Public officials are frequently released on their own recognizance with reporting conditions.
- 3
Step 3 — Discovery & Recording Forensics
Wiretap transcripts, body-wire audio, financial records, and email/text metadata drive the case. Rubin Law engages audio-forensic experts to challenge transcription accuracy and interpretation of ambiguous statements.
- 4
Step 4 — Preliminary Hearing
The People must show a strong suspicion of each element — including the specific corrupt-intent element. Defense often litigates the quid-pro-quo element at prelim to secure dismissal of counts or reduce to a lesser included.
- 5
Step 5 — Motion Practice
PC §995 motions to dismiss, PC §1538.5 suppression of wiretap and recording evidence, PC §1054 discovery motions on cooperator benefits, and Pitchess motions on investigating agents.
- 6
Los Angeles Courts That Handle PC §86 Legislator Accepting Bribe Cases
PC §86 cases are filed in the courthouse serving the location of the conduct.
Clara Shortridge Foltz Criminal Justice Center
Central LA — public-corruption cases assigned to complex-litigation calendar.
Van Nuys Courthouse East
San Fernando Valley filings involving city and county officials.
Airport Courthouse
West LA / LAX area filings.
Long Beach Courthouse
South Bay filings, harbor commission cases, and Port of Long Beach conduct.
Pomona Courthouse South
Eastern LA County filings involving inland municipal officials.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Legislator Accepting Bribe Defense Attorney
Daniel S. Rubin has defended clients charged with legislator 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 §86 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Legislator Accepting Bribe Cases Throughout LA County
09 — FAQs
PC §86 Legislator Accepting Bribe Questions — Los Angeles
What is 'bribery' under PC §86?
Bribery under PC §86 is the corrupt asking for, receiving, or agreeing to receive of any thing of value by a Member of the Legislature or local legislative body, with the specific intent to influence official action. California courts require an explicit or implicit quid-pro-quo agreement — mere political goodwill or general lobbying is insufficient.
Is PC §86 a felony?
Yes. PC §86 is a straight felony — no wobbler treatment. Penalty is 2, 3, or 4 years in state prison plus a fine up to $10,000 (or the amount of the bribe, whichever is greater). California Constitution art. VII §8 imposes permanent disqualification from holding any public office in California upon conviction.
Is a §86 conviction deportable?
Yes. PC §86 is a crime involving moral turpitude and a crime of dishonesty — deportable under 8 USC §1227(a)(2)(A)(i) and inadmissible under 8 USC §1182(a)(2)(A). Aggravated-felony treatment is possible where the loss exceeds $10,000 (8 USC §1101(a)(43)(D)/(M)). Immigration counsel should be involved from the earliest stage.
What is the difference between offering and accepting a bribe?
California pairs each 'offering' statute with a matching 'accepting' statute: PC §67 (offering executive) ↔ §68 (accepting executive); §85 (offering legislator) ↔ §86 (accepting legislator); §92 (offering judge/juror) ↔ §93 (accepting judge/juror). Both sides face the same 2/3/4-year exposure and the same permanent public-office bar.
Can a campaign contribution be prosecuted as bribery?
Only if the prosecution proves a specific quid-pro-quo agreement. McCormick v. United States (1991) requires an explicit or implicit understanding that the payment will influence a specific official act. Ordinary campaign contributions, absent that agreement, are protected First Amendment activity. This is the most contested legal issue in modern public-corruption cases.
What are federal parallel charges?
Federal prosecutors routinely charge parallel counts under 18 U.S.C. §201 (bribery of federal officials), §666 (theft/bribery in federal-funded programs), §1341 (mail fraud), and §1343 (wire fraud). Federal Sentencing Guidelines §2C1.1 governs. Rubin Law coordinates state-federal defense to avoid successive prosecution and Petite policy pitfalls.
Is diversion available for §86?
No. PC §86 is a straight felony and is not eligible for judicial diversion under PC §1001.95 (misdemeanors only) or mental health diversion under PC §1001.36 (excluded for public-corruption offenses). The realistic paths to a non-CIMT outcome are (i) preliminary-hearing dismissal, (ii) reduction to a non-CIMT alternative (PC §424 misappropriation, PC §115 false filing), or (iii) trial acquittal.
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Accused of Legislator Accepting Bribe Under PC §86?
PC §86 conviction means automatic office forfeiture and lifetime office bar. Rubin Law, P.C. defends state legislators, city council members, county supervisors, and school board members under state and federal bribery statutes.