California Penal Code 116.5 – (a) A person is guilty of tampering with a jury when, prior to, …
(a) A person is guilty of tampering with a jury when, prior to, or within 90 days of, discharge of the jury in a criminal proceeding, he or she does any of the following:
(1) Confers, or offers or agrees to confer, any payment or benefit upon a juror or upon a third person who is acting on behalf of a juror in consideration for the juror or third person supplying information in relation to an action or proceeding.
Terms Used In California Penal Code 116.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Juror: A person who is on the jury.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) Acting on behalf of a juror, accepts or agrees to accept any payment or benefit for himself or herself or for the juror in consideration for supplying any information in relation to an action or proceeding.
(3) Acting on behalf of himself or herself, agrees to accept, directly or indirectly, any payment or benefit in consideration for supplying any information in relation to an action or proceeding.
(b) Any person who violates this section is guilty of a misdemeanor.
(c) In the case of a juror who is within 90 days of having been discharged, otherwise lawful compensation not exceeding fifty dollars ($50) in value shall not constitute a criminal violation of this section.
(d) Upon conviction under this section, in addition to the penalty described in subdivision (b), any compensation received in violation of this section shall be forfeited by the defendant and deposited in the Victim Restitution Fund.
(Added by Stats. 1994, Ch. 869, Sec. 2. Effective January 1, 1995.)