UCMJ Article 134 – Bribery and Graft

This enumerated offense under Article 134 punishes service members who offer, give, solicit, or accept anything of value with the intent to influence official action, or who wrongfully profit from their official position. Bribery and graft strike at the core of military integrity because they corrupt decision-making, damage trust, and discredit the armed forces.

Key Elements

Bribery

  1. That the accused gave, offered, or promised something of value (or solicited/accepted it).
  2. That the act was done with intent to influence an official act or decision.
  3. That the conduct was wrongful.

Graft

  1. That the accused wrongfully sought or accepted something of value.
  2. That the item of value was connected to the accused’s official duties or position.
  3. That the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This article covers:

  • Paying a superior for favorable treatment.
  • Accepting money or gifts in exchange for duty assignments.
  • Using one’s official position to secure private benefits or kickbacks.
  • Offering favors, promotions, or privileges in exchange for valuables.

The distinction: bribery requires intent to influence official action, while graft involves wrongful enrichment from one’s position even without direct influence on a specific act.

Punishment

  • Bribery: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years.
  • Graft: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years.

Defenses

Possible defenses include:

  • Lack of intent: If the item was given or accepted without intent to influence an official act.
  • Lawful gift or gratuity: If the exchange was permitted under regulations (e.g., small tokens, ceremonial gifts).
  • Mistake of fact: If the accused reasonably believed the action was authorized.
  • Insufficient connection: If the benefit was unrelated to official duties.

Examples

If a soldier pays money to avoid deployment, Article 134 bribery applies. If a Marine accepts gifts from contractors in exchange for favorable contracts, it qualifies as bribery or graft. If an airman uses rank to obtain discounted goods not available to others, it may be graft. Conversely, if a sailor receives an authorized retirement plaque paid for by peers, that is not wrongful.

Conclusion

Article 134 bribery and graft provisions ensure that military decisions remain free from corruption. By punishing both influence-seeking (bribery) and wrongful enrichment (graft), the UCMJ protects the integrity of command and the trust placed in service members.

Frequently Asked Questions

1. What is the difference between bribery and graft?
Bribery requires intent to influence an official act, while graft involves wrongful profit from one’s official position, even without altering decisions. Both damage trust but differ in purpose.

2. What is the maximum punishment for bribery?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years. Graft carries up to 3 years. Bribery is treated more harshly because it directly corrupts official actions.

3. Can small gifts be considered bribery or graft?
Not usually. Authorized minor gifts, ceremonial items, or tokens within regulation are not punishable. The misconduct lies in wrongful intent or benefit.

4. Does the accused need to succeed in influencing someone?
No. The crime is complete once the offer, solicitation, or acceptance is made with wrongful intent. Success is not required.

5. Can contractors or civilians be involved in these cases?
Yes. If service members accept or offer benefits involving civilians that influence official duties, the offense still applies. Civilian misconduct may be prosecuted separately under federal law.

6. What if the accused thought the action was lawful?
A reasonable mistake of fact may serve as a defense. For example, believing a gift was permitted under regulations could negate wrongful intent.

7. Can commanders accept gifts from subordinates?
Generally no, unless permitted by regulation (e.g., group gifts under value limits). Accepting gifts tied to official action can constitute graft or bribery.

8. How do these offenses affect morale?
They create perceptions of favoritism, unfairness, and corruption, undermining trust in leadership. Strict enforcement preserves fairness and cohesion.

9. Can bribery and graft overlap with other UCMJ charges?
Yes. Related charges may include false official statements, larceny, or conduct unbecoming under Article 133. Prosecutors often charge multiple offenses.

10. Why does the military treat these offenses so severely?
Because corruption threatens mission success, fairness, and public trust. Strict punishment deters abuse of authority and ensures accountability.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Bribery and Graft)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Marshall, 25 M.J. 32 (1987)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

Related:

  1. UCMJ Article 126 – Arson UCMJ Article 126 criminalizes the act of willfully and maliciously burning or setting fire to property. The article distinguishes between burning property belonging to the United States and property belonging to another person. Arson is treated as a serious offense...
  2. UCMJ Article 134 – Obstructing Justice This enumerated offense under Article 134 punishes service members who wrongfully impede, interfere with, or obstruct the due administration of justice. The offense includes actions that delay, prevent, or corrupt investigations, judicial proceedings, or disciplinary processes. Because the military justice...
  3. UCMJ Article 134 – Wrongful Interference with Adverse Administrative Proceedings This enumerated offense under Article 134 punishes service members who wrongfully interfere with adverse administrative proceedings. These proceedings include investigations, boards of inquiry, separation boards, correctional custody actions, or other administrative processes that can impose significant consequences short of criminal...
  4. UCMJ Article 108 – Damage, Wrongful Disposition, Sale, Loss or Destruction of U.S. Military Property UCMJ Article 108 addresses misconduct involving U.S. military property. The article criminalizes damaging, selling, destroying, misusing, or losing military property, whether through negligence or intentional acts. Because military property belongs to the United States and is essential for readiness, accountability...
  5. UCMJ Article 82 – Solicitation UCMJ Article 82 defines the offense of solicitation. It punishes a service member who wrongfully solicits or advises another to commit a UCMJ offense, provided the solicitation was made with the intent that the offense actually be committed. The solicitation...
  6. UCMJ Article 134 – Pandering and Prostitution This enumerated offense under Article 134 punishes service members who engage in prostitution or promote it through pandering. Prostitution is the act of offering or receiving sexual activity for money or other compensation. Pandering occurs when a service member compels,...
  7. UCMJ Article 131 – Perjury UCMJ Article 131 criminalizes perjury, which is willfully giving false testimony under a lawful oath in a judicial proceeding or official matter. Because the military justice system depends on honesty and integrity, lying under oath is treated as one of...
  8. UCMJ Article 106 – Spies UCMJ Article 106 criminalizes acts of spying against the United States in time of war. A spy is someone who, without lawful authority and under false pretenses, collects or attempts to collect information with the intent of communicating it to...
  9. UCMJ Article 130 – Housebreaking UCMJ Article 130 criminalizes housebreaking, which is the unlawful entry of a building or structure with intent to commit a criminal offense inside. Unlike burglary under Article 129, housebreaking does not require nighttime entry or that the structure be a...
  10. UCMJ Article 134 – Sentinel or Lookout: Offenses Against or By This enumerated offense under Article 134 punishes misconduct either committed against a sentinel or lookout on duty, or misconduct by a sentinel or lookout who fails to properly perform their duties. Sentinels and lookouts hold critical positions in military security,...
  11. UCMJ Article 133 – Conduct Unbecoming an Officer and Gentleman UCMJ Article 133 criminalizes conduct by commissioned officers, cadets, or midshipmen that dishonors or disgraces them personally, or seriously compromises their standing as officers. The article is intentionally broad, designed to uphold the integrity and character expected of military leaders....
  12. UCMJ Article 134 – Kidnapping Kidnapping under Article 134 punishes the unlawful seizing, confining, inveigling, decoying, or carrying away of another person against their will. The offense is extremely serious because it violates personal liberty, threatens safety, and undermines public trust in the armed forces....
  13. UCMJ Article 134 – Mail: Taking, Opening, Secreting, Destroying, or Stealing This enumerated offense under Article 134 punishes service members who wrongfully interfere with mail. It covers taking, opening, secreting, destroying, or stealing letters, packages, or other mail matter entrusted to the postal system. Because the military depends on reliable communications...
  14. UCMJ Article 134 – The General Article UCMJ Article 134, known as the “General Article,” is a catch-all provision that criminalizes a wide range of misconduct not specifically addressed in other articles of the UCMJ. It punishes behavior that is prejudicial to good order and discipline in...
  15. UCMJ Article 134 – Drunkenness (Disorderly Conduct) Under Article 134 of the UCMJ, drunkenness and disorderly conduct are punishable when they are prejudicial to good order and discipline or bring discredit upon the armed forces. Military service demands sobriety, professionalism, and reliability, and drunken behavior that disrupts...