NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), being at the time (a contracting officer for __________) (the personnel officer of __________) (__________), did (at/on board—location), on or about __________, wrongfully (ask) (accept) (receive) from __________, (a contracting company engaged in __________) (__________), (the sum of $__________) (__________, of a value of (about) $__________) (__________), (with intent to have (his) (her) (decision) (action) influenced with respect to) ((as compensation for) (in recognition of)) service (rendered) (to be rendered).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused wrongfully (asked for) (accepted) (received) (state the thing of value alleged), a thing of value, from (state the name of the person or organization alleged);
(2) That, at that time, the accused (occupied an official position) (had official duties), namely, (state the official position or official duties, as alleged);
(3) That the accused (asked for) (accepted) (received) this thing of value with the intent to have (his) (her) (decision) (action) influenced with respect to (state the matter alleged); and
(4) That (state the matter alleged) was an official matter in which the United States was interested.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Wrongfully” means without legal justification or excuse.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), may be applicable.