§ Article 124a : Bribery

Article 124a of the UCMJ (10 U.S.C. § 924a) punishes an official wrongfully asking, accepting, or receiving something of value with intent to have their decision or action on an official matter influenced, and separately punishes a person wrongfully offering or giving something of value to influence that decision or action.

Who It Applies To

Any person subject to the UCMJ who occupies an official position or has official duties, and who wrongfully asks, accepts, or receives a thing of value with the intent to have their decision or action influenced with respect to an official matter in which the United States is interested; or any person who wrongfully promises, offers, or gives a thing of value to a person who occupies an official position or has official duties, with the intent to influence that person’s decision or action on such a matter.

What It Covers

Asking, accepting, or receiving

1. The accused wrongfully asked, accepted, or received a thing of value from a certain person or organization.
2. The accused then occupied a certain official position or had certain official duties.
3. The accused asked, accepted, or received it with intent to have the accused’s decision or action influenced with respect to a certain matter.
4. The matter was an official matter in which the United States was interested.

Promising, offering, or giving

1. The accused wrongfully promised, offered, or gave a thing of value to a certain person.
2. That person then occupied a certain official position or had certain official duties.
3. The thing of value was promised, offered, or given with intent to influence that person’s decision or action.
4. The matter was an official matter in which the United States was interested.

Bribery requires an intent to influence, or to be influenced, in an official matter.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Bribery requires an intent to influence or be influenced. Graft under Article 124b does not; it involves compensation for official services when no compensation is due.

What the Provision Does

Article 124a covers both sides of a bribery transaction: an official who asks for, accepts, or receives something of value with intent to be influenced in an official matter, and a person who offers or gives something of value with intent to influence. Unlike graft under Article 124b, bribery requires that intent to influence or be influenced.

History

Article 124a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5437), effective January 1, 2019. Before then, bribery and graft were charged as enumerated offenses under Article 134.

Sources

• 10 U.S.C. § 924a (Article 124a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 72
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C