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Cal. Penal Code § 138 (2026)

✓ current as of May 2026
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(a)Every person who gives or offers or promises to give to any witness or person about to be called as a witness, any bribe upon any understanding or agreement that the person shall not attend upon any trial or other judicial proceeding, or every person who attempts by means of any offer of a bribe to dissuade any person from attending upon any trial or other judicial proceeding, is guilty of a felony.

(b)Every person who is a witness, or is about to be called as such, who receives, or offers to receive, any bribe, upon any understanding that his or her testimony shall be influenced thereby, or that he or she will absent himself or herself from the trial or proceeding upon which his or her testimony is required, is guilty of a felony.

Notes of Decisions
Cited in 7 cases, 1977–2019 · leading case: Burrill v. Nair CA3, 217 Cal. App. 4th 357 (Cal. Ct. App. 2013).
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Burrill v. Nair CA3, 217 Cal. App. 4th 357 (Cal. Ct. App. 2013). “Code, § 118), accepting money to influence her testimony regarding child custody *385 matters (Pen. Code, § 138, subd. (b)), and prescribing a controlled substance without a license (Health & Saf.”
People v. Pic'l, 646 P.2d 847 (Cal. 1982). · cites it 2× “Agreeing with the rule of these cases, Gliksman reasoned that the intent of the Legislature in specifying a bribe sought "upon any understanding" (Pen. Code, § 138) was to punish bribery in which one party proposes a corrupt act by the other.”
People v. Gliksman, 78 Cal. App. 3d 343 (Cal. Ct. App. 1978). · cites it 2× “Defendant, Stephen Gliksman, appeals from a judgment of conviction of two counts of receiving or offering to receive a bribe by a witness (Pen. Code, § 138). In February of 1974, defendant and his girl friend, Deborah Rayner, were involved in an accident.”
People v. Broce, 76 Cal. App. 3d 71 (Cal. Ct. App. 1977). “” Similarly, her brother testified that defendant “was talking about how he’d like to have my sister change her story to the police.”
Brown v. Cnty. of San Bernardino, 250 F. Supp. 3d 568 (C.D. Cal. 2017). “Defendant Burton had arrested Plaintiff for a violation of California Penal Code section 138(a)(1), obstructing or delaying an officer.”
Santana v. Cnty. of Yuba (E.D. Cal. 2019). “28 Cal. Penal Code § 138 (a) & (b). 1 representing [Griesa] and Jesse Santana representing [Acevedo], a civil compromise was reached 2 with [Griesa] paying a settlement to [Acevedo].”
Burrill v. Nair (Cal. Ct. App. 2013). “Code, § 118), accepting money to influence her testimony regarding child custody matters (Pen. Code, § 138, subd. (b)), and prescribing a controlled substance without a license (Health & Saf.”
— Cal. Penal Code § 138(a)(1) — 1 case
Brown v. Cnty. of San Bernardino, 250 F. Supp. 3d 568 (C.D. Cal. 2017). “Defendant Burton had arrested Plaintiff for a violation of California Penal Code section 138(a)(1), obstructing or delaying an officer.”
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