Commercial Bribery

What is the definition of an aggravated trespass under PC 641.3?

Giving something of value to a business’s employees, agents, or affiliates, without consent of the business owner, to influence a process or business transaction, using a position of authority, to benefit the person paying for the influence.

How is an employer defined under Penal Code 641.3 PC?

An employee means an officer, director, agent, trustee, partner, employee or independent contractor or affiliate. An employer means a corporation, association, organization, trust, partnership, or sole proprietorship.

What is the difference between a bribe and a gratuity under PC 641.3?

A gratuity is giving something of value after the act is completed as a sign of appreciation. The gratuity does not concern itself with influence. A bribe is giving something of value before an act is completed, for an unlawful entitlement.

What does corrupt mean under Penal Code 641.3?

To be corrupt is the preference to complete an otherwise lawful task, by unlawful means.

Is there an exception to a violation of PC 641.3?

Yes. If the value of the benefit is less than $250 dollars, it is not a valuable consideration as defined under Penal Code 641.3 PC.

What is the mental state required for a violation of Penal Code 641.3?

The mental statue under Penal Code 641.3 is knowingly. It is a conscious understanding that a person’s conduct, considering an objective reasonable person, will have foreseeable consequences. The person should have known that their act will result in consequences that a reasonable person would understand if placed in similar circumstances.

PC 601 Sentencing 

What are the penalties for a violation of Penal Code 641.3?

A violation of Penal Code 641.3 PC is a wobbler. When charged as a misdemeanor, the penalties include confinement not exceeding 1 year in jail, and fines not exceeding $1000 dollars. When charged as a felony, the penalties include 16 months, 2 to 3 years in state prison with fines not exceeding $10,000 dollars.

What are examples of a violation of Penal Code 641.3?

1. Dale really needed to get a bid on the roofing project to meet the mortgage payments on his home. He knew that Jane was about to sign the offer agreement to start the work on the General Contractor’s project in two days. Dale called the GC and offered the sales manager $5000 dollars to nullify the agreement They agreed. And the manager nullified Jane’s agreement. Jane went to the project site and saw Dale using the same materials she was going to incorporate. She took photos and called the police. The police escorted Jane to the GC headquarters, and as it turned out the owner stated he would rather have Jane do the project. Dale and the sales manager were arrested.
2. Jessica’s parents really wanted her to get into Baston Prep, the best private school in the city, her parents took the admissions director out to dinner and offered her a board of director membership in the League, the most coveted all women’s professional association. Jessica’s mother was the president and founder. Jessica got into the school but forgot to keep her low grades a secret and told a fellow student. The fellow student told the Dean. The Dean inquired about Jessica’s profile to the admissions director and saw the Board of Directors plaque. The Dean has been trying to get into the League for several years. After further investigation, the admission’s director and Jessica were arrested.

PC 601 Defense 

What are the defenses to a violation of Penal Code 641.3?

1. Mistake in Law
   • The value of consideration was less than $250 dollars.
   • The agreement was a gratuity and not a bribe that was paid after voluntary performance.
   • The business is a sole proprietorship, club, volunteer organization that is not defined in the statute.
2. Intervening Acts not foreseen
   • Although there was bribery the results were taking out of its foreseeable or naturally expected results by acts out of the agreeing parties’ expectation.

Accused of Commercial Bribery? 

If you are arrested for a violation of Penal Code 641.3 PC, call The Esfandi Law Group. Contact our criminal defense attorneys at Law Mart.