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California Penal Code Section 641.3

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 641.3

(a) Any employee who solicits, accepts, or agrees to accept
money or any thing of value from a person other than his or her
employer, other than in trust for the employer, corruptly and without
the knowledge or consent of the employer, in return for using or
agreeing to use his or her position for the benefit of that other
person, and any person who offers or gives an employee money or any
thing of value under those circumstances, is guilty of commercial
bribery.
   (b) This section does not apply where the amount of money or
monetary worth of the thing of value is one hundred dollars ($100) or
less.
   (c) Commercial bribery is punishable by imprisonment in the county
jail for not more than one year if the amount of the bribe is one
thousand dollars ($1,000) or less, or by imprisonment in the county
jail, or in the state prison for 16 months, or two or three years if
the amount of the bribe exceeds one thousand dollars ($1,000).
   (d) For purposes of this section:
   (1) "Employee" means an officer, director, agent, trustee,
partner, or employee.
   (2) "Employer" means a corporation, association, organization,
trust, partnership, or sole proprietorship.
   (3) "Corruptly" means that the person specifically intends to
injure or defraud (A) his or her employer, (B) the employer of the
person to whom he or she offers, gives, or agrees to give the money
or a thing of value, (C) the employer of the person from whom he or
she requests, receives, or agrees to receive the money or a thing of
value, or (D) a competitor of any such employer.

Last modified: January 12, 2009