HAR §7-9-4. Bribery and graft promising, offering, or giving

(a) A model specification of the offense of bribery and graft (promising, offering, or giving), shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully and unlawfully (promise) (offer) (give) to _____________________ (his/her commanding officer) (the claims officer of _____________________) (_____________________), (the sum of $_____________________) (_____________________, of a value of (about) $_____________________) (_____________________) with the intent to influence the (decision) (action) of the said _____________________ with respect to] [(as compensation for) (in recognition of) services (rendered) (to be rendered) (rendered and to be rendered) by the said _____________________ in relation to] an official matter in which the State of Hawaii was and is interested, to wit: (the granting of leave to _____________________) (the processing of a claim against the State of Hawaii in favor of _____________________) (_____________________)." (b) Elements of the offense of bribery and graft (promising, offering, or giving), shall be as follows: (1) That, at the time and place alleged, the accused wrongfully and unlawfully promised, offered, or gave a sum of money or other property of any value to (state the person alleged); (2) That, at that time, the person alleged occupied an official position or had official duties; (3) That this sum of money or property was promised, offered, or given: (A) With the intent to influence the decision, action of the person alleged with respect to, or (B) As compensation for or in recognition of services rendered, to be rendered, or rendered and to be rendered by the person alleged in relation to the manner 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 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 5 of 23) and discipline in the state military forces. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP