UCMJ Articles 124a and 124b: Bribery and Graft
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Bribery and graft both punish a thing of value passing in connection with an official matter in which the United States is interested, on either side of the exchange. The difference is purpose. Bribery requires intent to influence, or to be influenced in, an official decision or action. Graft requires no such intent: it covers compensation for official services when none is due. Bribery carries up to a dishonorable discharge and 5 years; graft, up to a dishonorable discharge and 3 years.
The two statutes side by side
The table compares 10 U.S.C. § 924a and 10 U.S.C. § 924b.
| Bribery, § 924a | Graft, § 924b | |
|---|---|---|
| Who | A person subject to the UCMJ, on either side | A person subject to the UCMJ, on either side |
| Asking side | An official who wrongfully asks, accepts, or receives a thing of value "with the intent to have the person's decision or action influenced" | An official who wrongfully asks, accepts, or receives a thing of value "as compensation for or in recognition of services rendered or to be rendered" |
| Giving side | Wrongfully promising, offering, or giving a thing of value to an official "with the intent to influence" the official's decision or action | Wrongfully promising, offering, or giving a thing of value to an official as compensation for or in recognition of services |
| Subject | An official matter in which the United States is interested | An official matter in which the United States is interested |
In both statutes, the official is someone “who occupies an official position or who has official duties.”
Elements on each side of the exchange
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 72.b (bribery) and ¶ 73.b (graft), sets parallel elements for each side.
Asking, accepting, or receiving:
- the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
- the accused then occupied a certain official position or had certain official duties;
- for bribery, the accused did so with intent to have the accused’s decision or action influenced with respect to a certain matter; for graft, as compensation for or in recognition of services rendered, to be rendered, or both, in relation to a certain matter; and
- the matter was an official matter in which the United States was interested.
Promising, offering, or giving: the same structure, with the accused on the giving side and the other person holding the official position or duties.
Intent is the dividing line
- “Bribery requires an intent to influence or be influenced in an official matter” (¶ 72.c).
- “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” (¶ 73.c).
For example, a payment meant to change how an official decides is bribery, while a payment for an official act the official would have performed anyway, when no compensation is due, can be graft even though nothing was influenced.
Offering is enough
Both statutes reach someone who “promises” or “offers” a thing of value, not only someone who “gives” it, and both reach an official who “asks.” Neither requires that the payment actually change hands or that the official act actually occur.
5 years for bribery, 3 for graft
| Offense | Maximum |
|---|---|
| Bribery (¶ 72.d) | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Graft (¶ 73.d) | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
Fraud and false statements around a payment
A false claim for payment against the United States, or a false paper supporting one, is fraud under Article 124. A false official statement made to conceal a payment can be charged under Article 107.
Sources
- 10 U.S.C. § 924a, Article 124a, Bribery (Cornell LII)
- 10 U.S.C. § 924b, Article 124b, Graft (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 72 and ¶ 73
General information about military law, not legal advice for any individual case.