UCMJ Article 134 Bribery vs Article 134 Graft: Paying for Action vs Profiting from Position
On this page: 5 sections
Bribery and graft are no longer Article 134 offenses. Since January 1, 2019, bribery has been Article 124a and graft Article 124b. The Manual for Courts-Martial draws the line between them in two sentences: “Bribery requires an intent to influence or be influenced in an official matter,” while graft “does not require an intent to influence or be influenced” and “involves compensation for services performed in an official matter when no compensation is due” (MCM, Part IV, ¶ 72.c, ¶ 73.c).
Both articles punish both sides of the exchange: the official who asks for or takes the thing of value, and the person who offers or gives it.
The statutory text
(a) … Any person subject to this chapter … (1) who occupies an official position or who has official duties; and (2) who wrongfully asks, accepts, or receives a thing of value with the intent to have the person’s decision or action influenced with respect to an official matter in which the United States is interested; shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 924a(a) (Article 124a), bribery, added by Pub. L. 114-328, § 5437.
(a) … Any person subject to this chapter … (1) who occupies an official position or who has official duties; and (2) 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.
Source: 10 U.S.C. § 924b(a) (Article 124b), graft, added by Pub. L. 114-328, § 5438.
Subsection (b) of each article makes it an offense to wrongfully promise, offer, or give the thing of value to a person with an official position or official duties, with the same intent (bribery) or for the same purpose (graft).
What each offense requires
Both offenses share three elements: a thing of value asked for, accepted, received, promised, offered, or given wrongfully; a person who then occupied an official position or had official duties; and an official matter in which the United States was interested (¶ 72.b, ¶ 73.b).
They differ in the link between the thing of value and the official act:
- Bribery requires that the thing of value be sought or taken “with the intent to have the person’s decision or action influenced,” or offered or given “with the intent to influence the decision or action” of the official.
- Graft requires only that it be sought, taken, offered, or given “as compensation for or in recognition of services rendered or to be rendered,” with no intent to influence.
Bribery looks forward to a decision the payment is meant to influence. Graft can also look backward: a payment in recognition of an official act already done, when no compensation was due, can be graft even if the act would have been the same without it.
How the facts sort
| Bribery (Article 124a) | Graft (Article 124b) | |
|---|---|---|
| Link to the official act | Intent to influence, or to be influenced | Compensation or recognition for services, rendered or to be rendered |
| Timing | Before the decision or action | Before or after the services |
| Receiving side | Official who asks, accepts, or receives | Official who asks, accepts, or receives |
| Giving side | Person who promises, offers, or gives | Person who promises, offers, or gives |
| Maximum confinement | 5 years | 3 years |
For example, a contractor who offers a supply sergeant a set of concert tickets so that the sergeant will steer an upcoming order to the contractor’s company, and the sergeant who accepts on that understanding, raise bribery under Articles 124a(b) and 124a(a). Change the timing: the order was already placed on the merits, and the contractor afterward hands the sergeant a gift card “for all your help,” which the sergeant accepts. There was no intent to influence, but the payment was compensation for an official service when none was due, which is the graft pattern. Whether a particular gift was tied to an official matter, and what intent accompanied it, are inferred from the timing, the relationship, and what was said.
Where a lawful general order or regulation restricts gifts, a violation of it is a separate matter under Article 92.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 72.d and ¶ 73.d) |
|---|---|
| Bribery, either side | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Graft, either side | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge sets the sentence in a general or special court-martial, except in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 924a, bribery (Article 124a)
- 10 U.S.C. § 924b, graft (Article 124b)
- 10 U.S.C. § 892, failure to obey order or regulation (Article 92)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 72 and ¶ 73.
Articles 124a and 124b are explained here for general information; no gift, contract, or official decision is evaluated. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.