HAR §7-9-3. Bribery and graft; asking, accepting, or receiving

(a) A model specification of the offense of bribery and graft (asking, accepting, or receiving) shall be as follows: "In that _____________________, being at the time (a contracting officer for _____________________) (the personnel officer of _____________________) (_____________________), did, (at) (on board), on or about _____________________19__, wrongfully and unlawfully (ask) (accept) (receive) from _____________________ (a contracting company engaged in _____________________) (_____________________), [with intent to have the accused's (decision) (action) influenced with respect to] [as compensation for (in recognition of) services (rendered) (to be rendered) (rendered and to be rendered) by the accused the said _____________________ in relation to] an official matter in which the State of Hawaii was and is interested, to wit: (the purchasing of military supplies from _____________________) (the transfer of _____________________ to duty with _____________________) (_____________________)." (b) The elements of the offense of bribery and graft (asking, accepting, or receiving shall be as follows: (1) That, at the time and place alleged, the accused wrongfully and unlawfully asked, accepted or Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 4 of 23) received the sum of money or other property, of any value from the person or organization alleged; (2) That, at that time, the accused occupied an official position or had official duties as alleged; (3) That the accused asked, accepted or received this sum of money or other property: (A) With intent to have the accused's decision or action influenced with respect to; or (B) As compensation for or in recognition of services rendered, to be rendered or rendered and to be rendered by him or her in relation to, the matter alleged; (4) That the matter alleged was an official matter in which the State of Hawaii was and is interested; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP