§ Article 124b : Graft

Article 124b of the UCMJ (10 U.S.C. § 924b) punishes a person with an official position or official duties who wrongfully asks, accepts, or receives a thing of value as compensation for, or in recognition of, services rendered or to be rendered in an official matter in which the United States is interested — and a person who wrongfully promises, offers, or gives such a thing of value.

Who It Applies To

Asking, accepting, or receiving: 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 as compensation for or in recognition of services rendered or to be rendered by that person with respect to an official matter in which the United States is interested.

Promising, offering, or giving: any person subject to the UCMJ who wrongfully promises, offers, or gives a thing of value to another person who occupies an official position or has official duties, as that kind of compensation or recognition.

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 as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation 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 as compensation for or in recognition of services rendered, to be rendered, or both, by that person in relation to a certain matter.
4. The matter was an official matter in which the United States was interested.

Graft does not require an intent to influence or be influenced. It involves compensation for services performed in an official matter when no compensation is due.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 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

Graft differs from bribery under Article 124a, which requires an intent to influence or be influenced in an official matter.

What the Provision Does

Article 124b covers asking for, accepting, or receiving a thing of value as compensation for official services in a matter in which the United States is interested, and promising, offering, or giving such a thing of value. Unlike bribery under Article 124a, it does not require an intent to influence or be influenced.

History

Article 124b was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5438), effective January 1, 2019. Before then, bribery and graft were charged as enumerated offenses under Article 134.

Sources

• 10 U.S.C. § 924b (Article 124b, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 73
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C