Section 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 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)