Summary of changes
Article 124b — Graft
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
20 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
73.a.
unchanged
Original text
Text of statute.
Current text
Text of statute.
73.a.(a)
unchanged
Original text
ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any person subject to this chapter—
Current text
ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any person subject to this chapter—
73.a.(a)(1)
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Original text
who occupies an official position or who has official duties; and
Current text
who occupies an official position or who has official duties; and
73.a.(a)(2)
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Original text
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.
Current text
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.
73.a.(b)
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Original text
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.
Current text
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.
73.b.
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Original text
Elements.
Current text
Elements.
73.b.(1)
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Original text
Asking, accepting, or receiving.
Current text
Asking, accepting, or receiving.
73.b.(1)(a)
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Original text
That the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
Current text
That the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
73.b.(1)(b)
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Original text
That the accused then occupied a certain official position or had certain official duties;
Current text
That the accused then occupied a certain official position or had certain official duties;
73.b.(1)(c)
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Original text
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
Current text
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
73.b.(1)(d)
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Original text
That this certain matter was an official matter in which the United States was interested.
Current text
That this certain matter was an official matter in which the United States was interested.
73.b.(2)
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Original text
Promising, offering, or giving.
Current text
Promising, offering, or giving.
73.b.(2)(a)
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Original text
That the accused wrongfully promised, offered, or gave a thing of value to a certain person;
Current text
That the accused wrongfully promised, offered, or gave a thing of value to a certain person;
73.b.(2)(b)
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Original text
That this person then occupied a certain official position or had certain official duties;
Current text
That this person then occupied a certain official position or had certain official duties;
73.b.(2)(c)
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Original text
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
Current text
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
73.b.(2)(d)
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Original text
That this matter was an official matter in which the United States was interested.
Current text
That this matter was an official matter in which the United States was interested.
73.c.
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Original text
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.
Current text
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.
73.e.
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Original text
Sample specifications.
Current text
Sample specifications.
73.e.(1)
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Original text
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 _____) (_____).
Current text
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 _____) (_____).
73.e.(2)
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Original text
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 _____) (_____).
Current text
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 _____) (_____).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.