Part IV · Punitive Articles

Article 124b. Graft · MCM ¶ 73

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute.
(a) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any person subject to this chapter—
(1) who occupies an official position or who has official duties; and
(2) who wrongfully asks, accepts, or receives a thing of value as compensation for or in recognition of services rendered or to be rendered by the person with respect to an official matter in which the United States is interested; shall be punished as a court-martial may direct.
(b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct.
(b) Elements.
(1) Asking, accepting, or receiving.
(a) That the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
(b) That the accused then occupied a certain official position or had certain official duties;
(c) That the accused asked, accepted, or received this thing of value as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation to a certain matter; and
(d) That this certain matter was an official matter in which the United States was interested.
(2) Promising, offering, or giving.
(a) That the accused wrongfully promised, offered, or gave a thing of value to a certain person;
(b) That this person then occupied a certain official position or had certain official duties;
(c) That this thing of value was promised, offered, or given as compensation for or in recognition of services rendered, to be rendered, or both, by this person in relation to a certain matter; and
(d) That this matter was an official matter in which the United States was interested.
(c) Explanation. Graft does not require an intent to influence or be influenced in an official matter. Graft involves compensation for services performed in an official matter when no compensation is due. Dishonorable discharge, d. Maximum punishment . forfeiture of all pay and allowances, and confinement for 3 years.
(e) Sample specifications.
(1) Asking, accepting, or receiving. In that __________ (personal jurisdiction data), being at the time (a contracting officer for _____) (the personnel officer of _____) (_____), did,(at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully (ask) (accept) (receive) from _____, (a contracting company engaged in _____) (_____), (the sum of $_____) (__________, of a value of (about) $_____) (_____), (rendered or to be rendered) by (him) (her) the said _____ in relation to) an official matter in which the United States was interested, to wit: (the purchasing of military supplies from _____) (the transfer of _____ to duty with _____) (_____).
(2) Promising, offering, or giving. In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully (promise) (offer) (give) to __________, ((his) (her) commanding officer) (the claims officer of _____) (_____), (the sum of $_____) (_____, of a value of (about) $_____) (_____, (rendered or to be rendered) by the said _____ in relation to) an official matter in which the United States was interested, to wit: (the granting of leave to _____) (the processing of a claim against the United States in favor of _____) (_____).
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 3 years, E-1.

Sample specification

In that __________ (personal jurisdiction data), being at the time (a contracting officer for __________) (the personnel officer of __________) (__________), did (at/on board—location), on or about __________, wrongfully (ask) (accept) (receive) from __________, (a contracting company engaged in __________) (__________), (the sum of $__________) (__________, of a value of (about) $__________) (__________), (rendered or to be rendered) by (him) (her) the said __________ in relation to) an official matter in which the United States was interested, to wit: (the purchasing of military supplies from __________) (the transfer of __________ to duty with __________) (__________).

Elements

(1) That (state the time and place alleged), the accused wrongfully (asked for) (accepted) (received) (state the thing of value alleged), a thing of value, from (state the name of the person or organization alleged);

(2) That, at that time, the accused (occupied an official position) (had official duties), namely, (state the official position or official duties, as alleged);

(3) That the accused (asked for) (accepted) (received) this thing of value (as compensation for) (in recognition of) services (rendered) (to be rendered) (rendered and to be rendered) by (him) (her) in relation to (state the matter alleged); and

(4) That (state the matter alleged) was an official matter in which the United States was interested.

Definitions & other instructions

“Wrongfully” means without legal justification or excuse.

The prosecution is not required to prove any intent to influence or be influenced in an official matter. (Graft involves compensation for services performed in an official matter when no compensation is due.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), may be applicable.
Source: Instruction 3a-73-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did (at/on board location), on or about __________, wrongfully (promise) (offer) (give) to __________, ((his) (her) commanding officer) (the claims officer of __________) (__________), (the sum of $__________) (__________, of a value of (about) $__________) (__________, (rendered or to be rendered) by the said __________ in relation to) an official matter in which the United States was interested, to wit: (the granting of leave to __________) (the processing of a claim against the United States in favor of __________) (__________).

Elements

(1) That (state the time and place alleged), the accused wrongfully (promised) (offered) (gave) (state the thing of value alleged), a thing of value, to (state the name of the person alleged);

(2) That, at that time, (state the name of the person alleged) (occupied an official position) (had official duties), namely, (state the official position or official duties as alleged);

(3) That this thing of value was (promised) (offered) (given) (as compensation for) (in recognition of) services (rendered) (to be rendered) (rendered and to be rendered) by the said (state the name of the person alleged) in relation to (state the matter alleged); and

(4) That (state the matter alleged) was an official matter in which the United States was interested.

Definitions & other instructions

“Wrongfully” means without legal justification or excuse.

The prosecution is not required to prove any intent to influence or be influenced in an official matter. (Graft involves compensation for services performed in an official matter when no compensation is due.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), may be applicable.
Source: Instruction 3a-73-2 · view original on jagcnet.army.mil