Criminal Resource Manual 2043 Comparison of the Elements of the Crimes of Bribery and Gratuities

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2043
Comparison of the Elements of the Crimes of Bribery and Gratuities

The differences between the offense of bribery and the offense of accepting a gratuity are marked in the chart below either by brackets (for features that are found in only one of the two sections) or by UPPER CASE TEXT (to highlight the key distinction in how the sections specify the required connection between the thing of value and the official act).

§ 201(b): Accepting a Bribe § 201(c): Accepting a Gratuity
Status Whoever, being a public official [ ] or person selected to be a public official Whoever, being a public a public official, [former public official], or person selected to be a public official
Intent CORRUPTLY [ ]
Act *[ ]
* directly or indirectly
* demands, seeks, receives, accepts, or agrees to receive or accept * [otherwise than as provided by law for the proper discharge of offical duty,]
* directly or indirectly
* demands, seeks, receives, accepts, or agrees to receive or accept
Thing anything of value anything of value
For Whom PERSONALLY [OR FOR ANY OTHER PERSON OR ENTITY] PERSONALLY [ ]
Purpose IN RETURN FOR:
* being influenced in the performance of any official act;
* being influenced to commit or aid in committing any fraud on the U.S.; or
* being induced to do or omit to do any act in violation of his or her official duties. FOR OR BECAUSE OF any official act performed or to be performed by such official or person.

[updated November 1998] [cited in Criminal Resource Manual 2042; Criminal Resource Manual 2045; USAM 9-85.101]

2043	Comparison of the Elements of the Crimes of Bribery and Gratuities
The differences between the offense of bribery and the offense of accepting a gratuity are marked in the chart below either by brackets (for features that are found in only one of the two sections) or by UPPER CASE TEXT (to highlight the key distinction in how the sections specify the required connection between the thing of value and the official act).

	§ 201(b): Accepting a Bribe	§ 201(c): Accepting a Gratuity
Status	Whoever, being a public official [ ] or person selected to be a public official	Whoever, being a public a public official, [former public official], or person selected to be a public official
Intent	CORRUPTLY	[ ]
Act	[ ] directly or indirectly * demands, seeks, receives, accepts, or agrees to receive or accept	* [otherwise than as provided by law for the proper discharge of offical duty,] * directly or indirectly * demands, seeks, receives, accepts, or agrees to receive or accept
Thing	anything of value	anything of value
For Whom	PERSONALLY [OR FOR ANY OTHER PERSON OR ENTITY]	PERSONALLY [ ]
Purpose	IN RETURN FOR: * being influenced in the performance of any official act; * being influenced to commit or aid in committing any fraud on the U.S.; or * being induced to do or omit to do any act in violation of his or her official duties.	FOR OR BECAUSE OF any official act performed or to be performed by such official or person.