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See Paragraph 60 (Article 134 - General Article).

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 (with the intent to have the accused’s decision or action influenced with respect to a certain matter)* (as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation to a certain matter)**;

(d) That this certain matter was an official matter in which the United States was and is interested; and

(e) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

(*Note: This element is required for bribery.)

(**Note: This element is required for graft.)

(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 (with the intent to influence the decision or action of this person)* (as compensation for or in recognition of services rendered, to be rendered, or both, by this person in relation to a certain matter)**;

(d) That this matter was an official matter in which the United States was and is interested; and

(e) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. (*Note: This element is required for bribery.) (**Note: This element is required for graft.)

Explanation. Bribery requires an intent to influence or be influenced in an official matter; graft does not. Graft involves compensation for services performed in an official matter when no compensation is due.

Lesser included offenses.

(1) Bribery. Article 134—graft

(2) Bribery and graft. Article 80—attempts

Maximum punishment.

(1) Bribery. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Graft. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.