Section 86 Of Title 6. Of Crimes Against The Legislative Power From California Penal Code >> Title 6. >> Part 1.
86
. Every Member of either house of the Legislature, or any 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 four thousand
dollars ($4,000) or not more than twenty thousand dollars ($20,000)
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 four
thousand dollars ($4,000), whichever is greater, or any larger amount
of not more than double the amount of any bribe received or twenty
thousand dollars ($20,000), whichever is greater.
In imposing a fine under this section, the court shall consider
the defendant's ability to pay the fine.