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39-16-402 - Official misconduct.

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39-16-402. Official misconduct. (a)A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (1)Commits an act relating to the servant's office or employment that constitutes an unauthorized exercise of official power; (2)Commits an act under color of office or employment that exceeds the servant's official power; (3)Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4)Violates a law relating to the public servant's office or employment; or (5)Receives any benefit not otherwise authorized by law. (b)For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity. (c)It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality. (d)An offense under this section is a Class E felony. (e)Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 10.]
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  • 39-16-402. Official misconduct.

    (a)  A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly:

         (1)  Commits an act relating to the servant's office or employment that constitutes an unauthorized exercise of official power;

         (2)  Commits an act under color of office or employment that exceeds the servant's official power;

         (3)  Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment;

         (4)  Violates a law relating to the public servant's office or employment; or

         (5)  Receives any benefit not otherwise authorized by law.

    (b)  For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity.

    (c)  It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality.

    (d)  An offense under this section is a Class E felony.

    (e)  Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.

    [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 10.]  

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