92-100
PENAL CODE
SECTION 92-100
92. Every person who gives or offers to give a bribe to any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any question
or controversy, with intent to influence his vote, opinion, or
decision upon any matter or question which is or may be brought
before him for decision, is punishable by imprisonment in the state
prison for two, three or four years.
93. (a) Every judicial officer, juror, referee, arbitrator, or
umpire, and every person authorized by law to hear or determine any
question or controversy, who asks, receives, or agrees to receive,
any bribe, upon any agreement or understanding that his or her vote,
opinion, or decision upon any matters or question which is or may be
brought before him or her for decision, shall be influenced thereby,
is punishable by imprisonment in the state prison for two, three, or
four years and, in cases where 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 where 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.
(b) In imposing a restitution fine under this section, the court
shall consider the defendant's ability to pay the fine.
94. Every judicial officer who asks or receives any emolument,
gratuity, or reward, or any promise thereof, except such as may be
authorized by law, for doing any official act, is guilty of a
misdemeanor. The lawful compensation of a temporary judge shall be
prescribed by Judicial Council rule. Every judicial officer who shall
ask or receive the whole or any part of the fees allowed by law to
any stenographer or reporter appointed by him or her, or any other
person, to record the proceedings of any court or investigation held
by him or her, shall be guilty of a misdemeanor, and upon conviction
thereof shall forfeit his or her office. Any stenographer or
reporter, appointed by any judicial officer in this state, who shall
pay, or offer to pay, the whole or any part of the fees allowed him
or her by law, for his or her appointment or retention in office,
shall be guilty of a misdemeanor, and upon conviction thereof shall
be forever disqualified from holding any similar office in the courts
of this state.
94.5. Every judge, justice, commissioner, or assistant commissioner
of a court of this state who accepts any money or other thing of
value for performing any marriage, including any money or thing of
value voluntarily tendered by the persons about to be married or who
have been married by such judge, justice, commissioner, or assistant
commissioner, 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 for or acceptance of a
fee expressly imposed by law for performance of a marriage or to the
request or acceptance by any retired judge, retired justice, or
retired commissioner of a fee for the performance of a marriage. For
the purposes of this section, a retired judge or retired justice
sitting on assignment in court shall not be deemed to be a retired
judge or retired justice.
This section does not apply to an acceptance of a fee for
performing a marriage on Saturday, Sunday, or a legal holiday.
95. Every person who corruptly attempts to influence a juror, or
any person summoned or drawn as a juror, or chosen as an arbitrator
or umpire, or appointed a referee, in respect to his or her verdict
in, or decision of, any cause or proceeding, pending, or about to be
brought before him or her, is punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in the state prison,
if it is by means of any of the following:
(a) Any oral or written communication with him or her except in
the regular course of proceedings.
(b) Any book, paper, or instrument exhibited, otherwise than in
the regular course of proceedings.
(c) Any threat, intimidation, persuasion, or entreaty.
(d) Any promise, or assurance of any pecuniary or other advantage.
95.1. Every person who threatens a juror with respect to a criminal
proceeding in which a verdict has been rendered and who has the
intent and apparent ability to carry out the threat so as to cause
the target of the threat to reasonably fear for his or her safety or
the safety of his or her immediate family, is guilty of a public
offense and shall be punished by imprisonment in a county jail for
not more than one year, or by imprisonment in the state prison, or by
a fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
95.2. Any person who, with knowledge of the relationship of the
parties and without court authorization and juror consent,
intentionally provides a defendant or former defendant to any
criminal proceeding information from records sealed by the court
pursuant to subdivision (b) of Section 237 of the Code of Civil
Procedure, knowing that the records have been sealed, in order to
locate or communicate with a juror to that proceeding and that
information is used to violate Section 95 or 95.1, shall be guilty of
a misdemeanor. Except as otherwise provided by any other law or
court order limiting communication with a juror after a verdict has
been reached, compliance with Section 206 of the Code of Civil
Procedure shall constitute court authorization.
95.3. Any person licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code
who, with knowledge of the relationship of the parties and without
court authorization and juror consent, knowingly provides a defendant
or former defendant to any criminal proceeding information in order
to locate or communicate with a juror to that proceeding is guilty of
a misdemeanor. Conviction under this section shall be a basis for
revocation or suspension of any license issued pursuant to Section
7561.1 of the Business and Professions Code. Except as otherwise
provided by any law or court order limiting communication with a
juror after a verdict has been reached, compliance with Section 206
of the Code of Civil Procedure shall constitute court authorization.
96. Every juror, or person drawn or summoned as a juror, or chosen
arbitrator or umpire, or appointed referee, who either:
One--Makes any promise or agreement to give a verdict or decision
for or against any party; or,
Two--Willfully and corruptly permits any communication to be made
to him, or receives any book, paper, instrument, or information
relating to any cause or matter pending before him, except according
to the regular course of proceedings,
is punishable by fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison.
96.5. (a) Every judicial officer, court commissioner, or referee
who commits any act that he or she knows perverts or obstructs
justice, is guilty of a public offense punishable by imprisonment in
a county jail for not more than one year.
(b) Nothing in this section prohibits prosecution under paragraph
(5) of subdivision (a) of Section 182 of the Penal Code or any other
law.
98. Every officer convicted of any crime defined in this Chapter,
in addition to the punishment prescribed, forfeits his office and is
forever disqualified from holding any office in this State.
99. The Superintendent of State Printing shall not, during his
continuance in office, have any interest, either directly or
indirectly, in any contract in any way connected with his office as
Superintendent of State Printing; nor shall he, during said period,
be interested, either directly or indirectly, in any state printing,
binding, engraving, lithographing, or other state work of any kind
connected with his said office; nor shall he, directly or indirectly,
be interested in any contract for furnishing paper, or other
printing stock or material, to or for use in his said office; and any
violations of these provisions shall subject him, on conviction
before a court of competent jurisdiction, to imprisonment in the
state prison and to a fine of not less than one thousand dollars
($1,000) nor more than ten thousand dollars ($10,000), or by both
such fine and imprisonment.
100. If the Superintendent of State Printing corruptly colludes
with any person or persons furnishing paper or materials, or bidding
therefor, or with any other person or persons, or has any secret
understanding with him or them, by himself or through others, to
defraud the state, or by which the state is defrauded or made to
sustain a loss, contrary to the true intent and meaning of this
chapter, he, upon conviction thereof, forfeits his office, and is
subject to imprisonment in the state prison, and to a fine of not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000), or both such fine and imprisonment.