Chapter 56. Offenses Against Public Administration

Tags:47 AK (0.2%)

West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 6. Abuse of Public Office

§ 11.56.850. Official misconduct

(a) A public servant commits the crime of official misconduct if, with intent to obtain a benefit or to injure or deprive another person of a benefit, the public servant

(1) performs an act relating to the public servant's office but constituting an unauthorized exercise of the public servant's official functions, knowing that that act is unauthorized; or

(2) knowingly refrains from performing a duty which is imposed upon the public servant by law or is clearly inherent in the nature of the public servant's office.

(b) Official misconduct is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.860


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 6. Abuse of Public Office

§ 11.56.860. Misuse of confidential information

(a) A person who is or has been a public servant commits the crime of misuse of confidential information if the person

(1) learns confidential information through employment as a public servant; and

(2) while in office or after leaving office, uses the confidential information for personal gain or in a manner not connected with the performance of official duties other than by giving sworn testimony or evidence in a legal proceeding in conformity with a court order.

(b) As used in this section, “confidential information” means information which has been classified confidential by law.

(c) Misuse of confidential information is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.870


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 6. Abuse of Public Office

§ 11.56.870. Renumbered as AS 11.56.845

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature


Chapter 27. Assault

Tags:06 PA (4.1%)

Chapter 27. Assault (Refs & Annos)

§ 2709.1. Stalking


(a) Offense defined.--A person commits the crime of stalking when the person either:


(1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or


(2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.


(b) Venue.--


(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.


(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.


(c) Grading.--


(1) Except as otherwise provided for in paragraph (2), a first offense under this section shall constitute a misdemeanor of the first degree.


(2) A second or subsequent offense under this section or a first offense under subsection (a) if the person has been previously convicted of a crime of violence involving the same victim, family or household member, including, but not limited to, a violation of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), an order issued under section 4954 (relating to protective orders) or an order issued under 23 Pa.C.S. § 6108 (relating to relief) shall constitute a felony of the third degree.


(d) False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).


(e) Application of section.--This section shall not apply to conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), [FN1] known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.


(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:


“Communicates.” To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.


“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.


“Emotional distress.” A temporary or permanent state of mental anguish.


“Family or household member.” Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.



CREDIT(S)


2002, Dec. 9, P.L. 1759, No. 218, § 2, effective in 60 days.


[FN1] 43 P.S. § 206a et seq.


 

Current through Regular Session Act 2013-4


§ 61-3-20. Embezzlement

Tags:38 WV (0.6%)

W. Va. Code, § 61-3-20


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-20. Embezzlement


If any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, or of any banking institution, or other corporation, or any officer of public trust in this state, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzles or fraudulently converts to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use or embezzled by him.


And whenever any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same and be guilty of the larceny thereof. In the prosecution of any such officer, agent, clerk or servant of this state or of any county, district, school district or municipal corporation charged with appropriation or use for his own benefit or the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money or funds appropriated or used for his own benefit or for the benefit of any other person.


CREDIT(S)


Acts 1881, c. 22; Acts 1903, c. 18; Acts 1929, c. 23, § 29; Acts 2004, c. 77, eff. 90 days after March 13, 2004.


Formerly Code Va. 1849, c. 192, § 20; Code Va. 1860, c. 192, § 21; Code 1868, c. 145, § 19; Code 1923, c. 145, § 19.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-3-20a


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship; penalty


Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and in so doing wilfully and with intent to defraud embezzles, misappropriates or fraudulently converts for his or her own benefit, or for the benefit of another, the assets or property, real or personal, with which he or she has been entrusted, or misuses or misappropriates funds from the person to whom he or she owes a fiduciary duty or misuses any account, line of credit or credit card of the principal for purposes not contemplated by the terms of the power of attorney instrument or fiduciary relationship, or for purposes not intended by the principal in the execution of the power of attorney or for purposes not intended by the fiduciary relationship, shall be held to have embezzled the same and, upon conviction, shall be deemed guilty of the larceny thereof.


CREDIT(S)


Acts 2004, c. 77, eff. 90 days after March 13, 2004.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 22-12. Abuse of Judicial Process (Refs & Annos)  22-12-1. Barratry--Misdemeanor

Tags:46 SD (0.3%)

SDCL § 22-12-1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-1. Barratry--Misdemeanor


Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding. Barratry is a Class 2 misdemeanor. The fact that an accused was personally a party in interest or upon the record to any proceedings at law complained of is not a defense.


CREDIT(S)


Source: SDC 1939, § 13.1252; SL 1976, ch 158, § 12-1; SL 1977, ch 189, § 26; SL 2005, ch 120, § 233.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-2

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-3

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-4

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-5

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-5. Uttering simulated process--Misdemeanor


Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates any form of court or legal process or any official demand, notice or other paper of a federal, state, or municipal agency, the intention of which document is to lead the recipient or addressee to believe that it is a genuine court or legal process or official demand, notice, or other paper of a federal, state, or municipal agency, is guilty of uttering simulated process. Uttering simulated process is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1964, ch 34, § 1; SL 1967, ch 29; SL 1976, ch 158, § 12-2; SL 2005, ch 120, § 234.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-6

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-6. Validity of obligation no defense to simulated process charge


It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation.


CREDIT(S)


Source: SL 1964, ch 34, § 2; SL 1976, ch 158, § 12-3; SL 2005, ch 120, § 235.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-7

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-7. Deposit in post office or delivery for forwarding as proof of uttering


In prosecutions for any violation of § 22-12-5, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery.


CREDIT(S)


Source: SL 1964, ch 34, § 3; SL 2005, ch 120, § 236.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-8

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-8. Genuine legal forms not prohibited


Nothing in §§ 22-12-5 to 22-12-7, inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms.


CREDIT(S)


Source: SL 1964, ch 34, § 4; SL 1976, ch 158, § 12-4; SL 2005, ch 120, § 237.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-9

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-9. Repealed by SL 1976, ch 158, § 12-7


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-10

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-10. Arrest or seizure of property without process--Misdemeanor


Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any lands or tenements without due and legal process, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1233; SL 1976, ch 158, § 12-5; SL 2005, ch 120, § 238.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-11

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-11. Repealed by SL 2005, ch 120, § 239, eff. July 1, 2006


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-12

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-12. Repealed by SL 1976, ch 158, § 12-7


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-13

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-13. Malicious procurement of search warrant--Misdemeanor


Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL § 23-15-11; SL 1978, ch 185, § 5; SL 2005, ch 120, § 240.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-14

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-14. Excessive or malicious exercise of authority in executing search warrant--Misdemeanor


Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1234; SDC 1939 & Supp 1960, § 34.9905; SDCL § 23-15-17; SL 1978, ch 185, § 6; SL 2005, ch 120, § 241.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-15

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-15. Delay in taking arrested person before magistrate--Misdemeanor


Any law enforcement officer or other person, who, having arrested a person on a criminal charge, intentionally delays taking that person before a committing magistrate for further proceedings, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1220; SDCL § 23-22-21; SL 1978, ch 185, § 7; SL 2005, ch 120, § 242.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10


Chapter 27. Executive Power

Tags:39 ID (0.5%)

I.C. § 18-2701


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2701. Bribery of executive officers


Every person who gives or offers any bribe to any executive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion or other proceeding as such officer, is guilty of a felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2702


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2702. Asking or receiving bribes


Every executive officer or person elected or appointed to an executive office who asks, receives or agrees to receive, any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of a felony and forfeits his office.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2703


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2703. Repealed



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2704


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2704. Asking or receiving rewards


Every executive officer who asks or receives any emolument, gratuity or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2705


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2705. Officers not to purchase scrip


Every officer or person prohibited by the laws of this state from becoming a purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than $1,000 or by imprisonment in the state prison not more than five years.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2706


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2706. Presentation of fraudulent accounts


Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2707


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2707. Buying appointments


Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2708


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2708. Making appointments for reward


Every public officer who for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding $5,000, and in addition thereto forfeits his office.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2709


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2709. Intrusion into office--Holding over


Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2710


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2710. Withholding books and records from successor


Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, is guilty of a felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2711


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2711. Application of chapter


The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-2712


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2712. Disqualified person holding office


Every person not a legal voter and possessing all the qualifications prescribed for voters, or who is under any disqualification created by the laws of this state, who holds or exercises any office, is guilty of a misdemeanor.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013


Chapter 10. Offenses Against Public Administration

Tags:08 GA (3.2%)

Ga. Code Ann., T. 16, Ch. 10, Art. 1, Refs & Annos

 

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses

Chapter 10. Offenses Against Public Administration

Article 1. Abuse of Governmental Office


 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-1

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-1. Violation of oath by public officer



Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.





CREDIT(S)


Laws 1968, p. 1249, § 1.



Formerly Code 1933, § 26-2302.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-2

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-2. Bribery



(a) A person commits the offense of bribery when:




(1) He or she gives or offers to give to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consideration to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment; or



(2) A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action. A thing of value shall not include:



(A) Food or beverage consumed at a single meal or event;



(B) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession;



(C) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;



(D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state;



(E) Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation or speaking at the meeting;



(F) A commercially reasonable loan made in the ordinary course of business;



(G) Any gift with a value less than $100.00;



(H) Promotional items generally distributed to the general public or to public officers;



(I) A gift from a member of the public officer's immediate family; or



(J) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities;



provided, however, that receiving, accepting, or agreeing to receive anything not enumerated in subparagraphs (A) through (J) of this paragraph shall not create the presumption that the offense of bribery has been committed.



(b) A person convicted of the offense of bribery shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than 20 years, or both.




CREDIT(S)


Cobb's 1851 Digest, p. 805; Laws 1865-66, p. 233, § 1; Laws 1949, p. 274, § 1; Laws 1959, p. 34, § 18; Laws 1968, p. 1249, § 1; Laws 1991, p. 1749, § 1; Laws 1992, p. 1075, § 17.



Formerly Code 1863, §§ 4364, 4365; Code 1868, §§ 4402, 4403; Code 1873, §§ 4469, 4470; Code 1882, §§ 4469, 4470; Penal Code 1895, §§ 267, 268; Penal Code 1910, §§ 270, 271; Code 1933, §§ 26-4101, 26-4102; Code 1933, § 26-2301.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-3

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-3. Receiving funds for enforcement of penal laws or regulations



(a) Except as otherwise provided in this Code section, any officer or employee of the state or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the state is guilty of a misdemeanor.




(b) Except as otherwise provided in this Code section, any officer or employee of a political subdivision who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor.




(c) Nothing contained within this Code section shall be deemed or construed so as to prohibit any law enforcement officer of the state or any political subdivision thereof:




(1) From being employed by private persons, firms, or corporations during his off-duty hours when such employment is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed; or



(2) From soliciting for or accepting contributions of equipment or of funds to be used solely for the purchase of equipment to be used in the enforcement of the penal laws or regulations of this state or any political subdivision thereof when such acceptance is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed.




CREDIT(S)


Laws 1958, p. 333, § 1; Laws 1959, p. 34, § 3; Laws 1968, p. 1249, § 1; Laws 1972, p. 1147, § 1; Laws 1987, p. 906, § 1.



Formerly Code 1933, § 26-2303.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-4

 


Effective: January 10, 2011


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-4. Improperly influencing legislative action



(a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.




(b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he or she is an officer or employee shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.




CREDIT(S)


Laws 1959, p. 34, § 1; Laws 1964, p. 261, § 1; Laws 1968, p. 1249, § 1; Laws 2010, Act 680, § 24, eff. Jan. 10, 2011.



Formerly Code 1933, § 26-2304.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-5

 


Effective: January 10, 2011


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-5. Officer or employee improperly influencing another officer or employee



(a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.




(b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.




CREDIT(S)


Laws 1878-79, p. 175, § 1; Laws 1968, p. 1249, § 1; Laws 2010, Act 680, § 25, eff. Jan. 10, 2011.



Formerly Code 1882, § 4470a; Penal Code 1895, § 269; Penal Code 1910, § 272; Code 1933, § 26-4103; Code 1933, § 26-2305.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-6

 


Effective: May 13, 2011


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-6. Officer or employee of political subdivision or local authority selling to employing political subdivision or local authority



(a) As used in this Code section, the term “employing local authority” means a local authority or board created by a local Act of the General Assembly or a local constitutional amendment or created by general law and requiring activation by an ordinance or resolution of a local governing authority.




(b) Any employee, appointed officer, or elected officer of a political subdivision, hereafter referred to as “employing political subdivision,” or agency thereof or any employee or appointed officer of an employing local authority who for himself or herself or in behalf of any business entity sells any real or personal property to:




(1) The employing political subdivision or employing local authority;



(2) An agency of the employing political subdivision;



(3) A political subdivision for which local taxes for education are levied by the employing political subdivision; or



(4) A political subdivision which levies local taxes for education for the employing political subdivision



shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.




(c) Subsection (b) of this Code section shall not apply to:




(1) Sales of personal property of less than $800.00 per calendar quarter;



(2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointed officer, or elected officer, either for himself or herself or on behalf of any business entity; or



(3) Sales of real property in which a disclosure has been made:



(A) To the judge of the probate court of the county in which the purchasing political subdivision or local authority is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision or local authority is partially included and which shall have been designated by the purchasing political subdivision or local authority to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;



(B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; and



(C) Which shows that an employee, appointed officer, or elected officer of an employing political subdivision or agency thereof or of an employing local authority has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency or local authority, the purchase price, and location of the property.



(d) Any contract or transaction for a sale made in accordance with subsection (c) of this Code section shall be valid and no employee, appointed officer, or elected officer shall be subject to civil liability for any such sale.




CREDIT(S)


Laws 1968, p. 1249, § 1; Laws 1972, p. 542, § 1; Laws 1975, p. 854, § 1; Laws 1979, p. 536, § 1; Laws 1980, p. 733, § 1; Laws 1982, p. 2107, § 15; Laws 1983, p. 1326, § 2; Laws 1984, p. 22, § 16; Laws 1986, p. 10, § 16; Laws 1994, p. 607, § 9; Laws 1998, p. 593, § 1; Laws 2003, Act 9, § 16, eff. May 14, 2003; Laws 2010, Act 405, § 1, eff. July 1, 2010; Laws 2011, Act 245, § 16, eff. May 13, 2011.



Formerly Code 1933, § 26-2306.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-7

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-7. False acknowledgment of appearance or oath



Any officer authorized to administer oaths or to take and certify acknowledgments who knowingly makes a false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person is guilty of a misdemeanor.





CREDIT(S)


Laws 1959, p. 34, § 14; Laws 1968, p. 1249, § 1.



Formerly Code 1933, § 26-2310.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-8

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-8. False official certificates or writings



An officer or employee of the state or any political subdivision thereof or other person authorized by law to make or give a certificate or other writing who knowingly makes and delivers such a certificate or writing containing any statement which he knows to be false shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.





CREDIT(S)


Laws 1959, p. 34, § 16; Laws 1968, p. 1249, § 1.



Formerly Code 1933, § 26-2311.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-10-9

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 10. Offenses Against Public Administration (Refs & Annos)

Article 1. Abuse of Governmental Office (Refs & Annos)

§ 16-10-9. Enforcement of separation of powers provision of Constitution



(a) It shall be unlawful for:




(1) Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of the state government;



(2) Judges of courts of record or their clerks and assistants to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the legislative branch of the state government; or



(3) Officers or employees of the executive branch of the state government to accept or hold office or employment in the legislative or judicial branches of the state government.



(b) A person who knowingly disburses or receives any compensation or money in violation of this Code section is guilty of a misdemeanor.




(c) Nothing in this Code section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stay-over period.




CREDIT(S)


Laws 1959, p. 34, § 7; Laws 1961, p. 42, § 1; Laws 1968, p. 1249, § 1.



Formerly Code 1933, § 26-2309.



 

Current through the 2012 Regular Session


Chapter 721. Official Misconduct

Tags:30 IA (1.0%)

I.C.A. T. XVI, Subt. 1, Ch. 721, Refs & Annos


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 721. Official Misconduct



Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.1


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.1. Felonious misconduct in office


Any public officer or employee, who knowingly does any of the following, commits a class “D” felony:


1. Makes or gives any false entry, false return, false certificate, or false receipt, where such entries, returns, certificates, or receipts are authorized by law.


2. Falsifies any public record, or issues any document falsely purporting to be a public document.


3. Falsifies a writing, or knowingly delivers a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body.


4. For purposes of this section, “government body” and “public record” mean the same as defined in section 22.1.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2101, eff. Jan. 1, 1978. Amended by Acts 2001 (79 G.A.) ch. 31, § 1.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.2


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.2. Nonfelonious misconduct in office


Any public officer or employee, or any person acting under color of such office or employment, who knowingly does any of the following, commits a serious misdemeanor:


1. Makes any contract which contemplates an expenditure known by the person to be in excess of that authorized by law.


2. Fails to report to the proper officer the receipt or expenditure of public moneys, together with the proper vouchers therefor, when such is required of the person by law.


3. Requests, demands, or receives from another for performing any service or duty which is required of the person by law, or which is performed as an incident of the person's office or employment, any compensation other than the fee, if any, which the person is authorized by law to receive for such performance.


4. By color of the person's office and in excess of the authority conferred on the person by that office, requires any person to do anything or to refrain from doing any lawful thing.


5. Uses or permits any other person to use the property owned by the state or any subdivision or agency of the state for any private purpose and for personal gain, to the detriment of the state or any subdivision thereof.


6. Fails to perform any duty required of the person by law.


7. Demands that any public employee contribute or pay anything of value, either directly or indirectly, to any person, organization or fund, or in any way coerces or attempts to coerce any public employee to make any such contributions or payments, except where such contributions or payments are expressly required by law.


8. Permits persons to use the property owned by the state or a subdivision or agency of the state to operate a political phone bank for any of the following purposes:


a. To poll voters on their preferences for candidates or ballot measures at an election; however, this paragraph does not apply to authorized research at an educational institution.


b. To solicit funds for a political candidate or organization.


c. To urge support for a candidate or ballot measure to voters.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2102, eff. Jan. 1, 1978. Amended by Acts 1987 (72 G.A.) ch. 221, § 35.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.3


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.3. Solicitation for political purposes


It shall be unlawful for any person or political organization either directly or indirectly to solicit or demand from any employee of any commission, board or agency created under the statutes of Iowa, any contribution of money or any other thing of value for election purposes or for the purpose of paying expenses of any political organization or any person seeking election to public office.


CREDIT(S)


Transferred from § 740.13, Code 1979.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.4


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.4. Using public motor vehicles for political purposes


It shall be unlawful for any person to use or permit to be used any motor vehicle owned by the state of Iowa or any political subdivision thereof for the purpose of transporting any political literature or any person or persons engaging in a political campaign for any political party or any person seeking an elective office.


CREDIT(S)


Transferred from § 740.15 for Code 1979.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.5


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.5. State employees not to participate


It shall be unlawful for any state officer, any state appointive officer, or state employee to leave the place of employment or the duties of office for the purpose of soliciting votes or engaging in campaign work during the hours of employment of any such officer or employee.


CREDIT(S)


Transferred from § 740.16 for Code 1979.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.6


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.6. Exception to sections 721.3 to 721.5


The provisions of sections 721.3 to 721.5 shall not be construed as prohibiting any such officer or employee who is a candidate for political office to engage in campaigning at any time or at any place for the officer's or employee's self.


CREDIT(S)


Transferred from § 740.17 for Code 1979. Amended by Acts 1978 (67 G.A.) ch. 1029, § 53.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.7


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.7. Penalty for violating sections 721.3 to 721.6


Any person who violates any provision of sections 721.3 to 721.6 shall be guilty of a serious misdemeanor.


CREDIT(S)


Transferred from § 740.18 for Code 1979.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.8


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.8. Labeling publicly owned motor vehicles


All publicly owned motor vehicles shall bear at least two labels in a conspicuous place, one on each side of the vehicle. This label shall be designed to cover not less than one square foot of surface. This section does not apply to a motor vehicle which is specifically assigned by the head of the department or office owning or controlling it, to enforcement of police regulations or to motor vehicles issued ordinary registration plates pursuant to section 321.19, subsection 1.


CREDIT(S)


Transferred from § 740.21 for Code 1979. Amended by Acts 1985 (71 G.A.) ch. 115, § 3.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.9


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.9. Punishment for violation of section 721.8


A violation of section 721.8 shall be a serious misdemeanor.


CREDIT(S)


Transferred from § 740.22 for Code 1979.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.10


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.10. Misuse of public records and files


A public officer or employee who, by reason of the officer's or employee's employment, has access to any public record, or to any file, dossier, or accumulation of information of any kind, and who gives or transfers to any person, in exchange for anything of value other than fees authorized by law, any such record, file, dossier, or accumulation of information, or any part thereof, or who imparts to any person any information contained therein, in exchange for anything of value other than fees authorized by law, commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2103, eff. Jan. 1, 1978.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.11


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.11. Interest in public contracts


Any officer or employee of the state or of any subdivision thereof who is directly or indirectly interested in any contract to furnish anything of value to the state or any subdivision thereof where such interest is prohibited by statute commits a serious misdemeanor. This section shall not apply to any contract awarded as a result of open, public and competitive bidding.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2104, eff. Jan. 1, 1978.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 721.12


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 721. Official Misconduct (Refs & Annos)

721.12. Profiting from inmates--penalty


A peace officer as defined by section 801.4, subsection 11, a jailer, or an employee of a penal or correctional facility shall not be the purchaser, directly or indirectly, of property being sold by a prisoner who is in the person's custody. However, a peace officer, jailer, or employee of a penal or correctional facility may purchase inmate made items at an art or craft sale or show, but only when the items are offered for sale to the public and the price paid for the item is the same price offered to any other prospective purchaser. A sale made in violation of this section is void. A peace officer, jailer, or employee of a penal or correctional facility who violates this section, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1982 (69 G.A.) ch. 1145, § 1.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


Chapter 9.62. Malicious Prosecution--Abuse of Process

Tags:13 WA (2.2%)

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.62. Malicious Prosecution--Abuse of Process

9.62.010. Malicious prosecution


Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:


(1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years; and


(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.


CREDIT(S)


[2003 c 53 § 40, eff. July 1, 2004; 1992 c 7 § 15; 1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854 p 92 § 89; RRS § 2369.]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.62.020

Effective: July 22, 2011


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.62. Malicious Prosecution--Abuse of Process

9.62.020. Instituting suit in name of another


Every person who shall institute or prosecute any action or other proceeding in the name of another, without his or her consent and contrary to law, shall be guilty of a gross misdemeanor.


CREDIT(S)


[2011 c 336 § 317, eff. July 22, 2011; 1909 c 249 § 124; RRS § 2376.]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.65.010


Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Tags:23 AL (1.5%)


Ala.Code 1975 § 13A-10-80

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-80. Definitions.



(a) The definitions contained in Sections 13A-10-1, 13A-10-30 and 13A-10-60 are applicable in this article unless the context otherwise requires.




(b) “Harm” means loss, disadvantage or injury to the person affected or to any other person in whose welfare he is interested.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 4801.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-10-81

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-81. Official misconduct in the first degree. Repealed by Acts 1979, No. 79-471, p. 862, § 1, effective July 30, 1979.




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-10-82

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 10. Offenses Against Public Administration. (Refs & Annos)

Article 4. . Abuse of Public Office.

§ 13A-10-82. Misuse of confidential information.



(a) A public servant commits the crime of misuse of confidential information if in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:




(1) Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;



(2) Speculates or wagers on the basis of such information or action; or



(3) Aids another to do any of the foregoing.



(b) Misuse of confidential information is a Class B misdemeanor.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 4810.)




Current through Act 2013-172 of the 2013 Regular Session.


Title 18. Criminal Code

Tags:22 CO (1.6%)

C.R.S.A. T. 18, Art. 8, Pt. 4, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 8. Offenses--Governmental Operations

Part 4. Abuse of Public Office



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-401



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-401. Definitions



The definitions contained in sections 18-8-101 and 18-8-301 are applicable to this part 4, unless a different meaning is plainly required.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-402



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-402. Misuse of official information



(1) Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he:



(a) Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or



(b) Speculates or wagers on the basis of such information or official action; or



(c) Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit.



(2) Misuse of official information is a class 6 felony.



CREDIT(S)


Amended by Laws 1989, S.B.246, § 83.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-403



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-403. Official oppression



(1) A public servant, while acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, commits official oppression if, with actual knowledge that his conduct is illegal, he:



(a) Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, or lien; or



(b) Has legal authority and jurisdiction of any person legally restrained of his liberty and denies the person restrained the reasonable opportunity to consult in private with a licensed attorney-at-law, if there is no danger of imminent escape and the person in custody expresses a desire to consult with such attorney.



(2) Official oppression is a class 2 misdemeanor.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-404



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-404. First degree official misconduct



(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly:



(a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or



(b) Refrains from performing a duty imposed upon him by law; or



(c) Violates any statute or lawfully adopted rule or regulation relating to his office.



(2) First degree official misconduct is a class 2 misdemeanor.



CREDIT(S)


Amended by Laws 1983, S.B.72, § 1; Laws 2000, Ch. 171, § 41, eff. July 1, 2000.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-405



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-405. Second degree official misconduct



(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:



(a) Refrains from performing a duty imposed upon him by law; or



(b) Violates any statute or lawfully adopted rule or regulation relating to his office.



(2) Second degree official misconduct is a class 1 petty offense.



CREDIT(S)


Amended by Laws 1983, S.B.72, § 2.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-406



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-406. Issuing a false certificate



A person commits a class 6 felony, if, being a public servant authorized by law to make and issue official certificates or other official written instruments, he makes and issues such an instrument containing a statement which he knows to be false.




CREDIT(S)


Amended by Laws 1989, S.B.246, § 84.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-407



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-407. Embezzlement of public property



(1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever thereafter ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state.



(2) Embezzlement of public property is a class 5 felony.



CREDIT(S)


Amended by Laws 1977, H.B.1654, § 45; Laws 1989, S.B.246, § 85.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-408



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-408. Designation of insurer prohibited



(1) No public servant shall, directly or indirectly, require or direct a bidder on any public building or construction contract which is about to be or has been competitively bid to obtain from a particular insurer, agent, or broker any surety bond or contract of insurance required in such bid or contract or required by any law, ordinance, or regulation.



(2) Any such public servant who violates any of the provisions of subsection (1) of this section commits a class 1 petty offense.



(3) Any provisions in invitations to bid or in any contract documents prohibited by this section are declared void as against the public policy of this state.



(4) Nothing in this section shall be construed to prevent any such public servant acting on behalf of the government from exercising the right to approve or reject a surety bond or contract of insurance as to its form or sufficiency or the lack of financial capability of an insurer selected by a bidder.



(5) This section shall apply only to contracts entered into on or after July 1, 1977.



CREDIT(S)


Added by Laws 1977, S.B.494, § 1.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-409



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 4. Abuse of Public Office (Refs & Annos)

§ 18-8-409. Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution



A person who violates a rule or regulation promulgated by any judicial nominating commission shall not be subject to criminal prosecution.




CREDIT(S)


Added by Laws 1987, S.B.140, § 1.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


Tag Index

Updated:6/20/2013 1:52 PM
Tags:01 CA (12.1%), 02 TX (8.3%), 03 NY (6.2%), 04 FL (6.2%), 05 IL (4.1%), 06 PA (4.1%), 07 OH (3.7%), 08 GA (3.2%), 09 MI (3.2%), 10 NC (3.1%), 11 NJ (2.8%), 12 VA (2.6%), 13 WA (2.2%), 14 MA (2.1%), 15 AZ (2.1%), 16 IN (2.1%), 17 TN (2.1%), 18 MO (1.9%), 19 MD (1.9%), 20 WI (1.8%), 21 MN (1.7%), 22 CO (1.6%), 23 AL (1.5%), 24 SC (1.5%), 25 LA (1.5%), 26 KY (1.4%), 27 OR (1.2%), 28 OK (1.2%), 29 CT (1.1%), 30 IA (1.0%), 31 MS (1.0%), 32 AR (0.9%), 33 KS (0.9%), 34 UT (0.9.%), 35 NV (0.9%), 36 NM (0.7%), 37 NE (0.6%), 38 WV (0.6%), 39 ID (0.5%), 40 HI (0.4%), 41 ME (0.4%), 42 NH (0.4%), 43 RI (0.3%), 44 MT (0.3%), 45 DE (0.3%), 46 SD (0.3%), 47 AK (0.2%), 48 ND (0.2%), 49 DC (0.2%), 50 VT (0.2%), 51 WY (0.2%), Federal, Model Penal Code, National Commission



Chapter 25. Jails and Prisons

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-5. Officer voluntarily allowing prisoner to escape

 


Every jailer or other officer, who shall voluntarily suffer any prisoner in his or her custody upon conviction or upon any criminal charge to escape, shall be punished by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 5.


Codifications: G.L. 1896, ch. 276, § 8; G.L. 1909, ch. 342, § 8; G.L. 1923, ch. 394, § 8; G.L. 1938, ch. 605, § 8.



Current through chapter 491 of the January 2012 session


Chapter 25. Jails and Prisons

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-2. Assault or escape by a custodial unit inmate

 


Every prisoner confined in any custodial unit of the adult correctional institutions or in the custody of the warden or other correctional employee while outside the confines of the institutions or in the custody of the director of mental health, retardation and hospitals pursuant to the provisions of § 40.1-5.3-1, who shall assault the warden, or other correctional employee of the institution, or shall escape, or attempt to effect an escape, shall be sentenced by the court to a term of imprisonment in the adult correctional institutions for not less than one year nor more than twenty (20) years, that term to commence from the expiration of the original term of the prisoner.


CREDIT(S)


P.L. 1936, ch. 2388, § 1; P.L. 1956, ch. 3721, § 1; P.L. 1979, ch. 244, § 1; P.L. 1984, ch. 65, § 1; P.L. 1991, ch. 56, § 1.


Codifications: G.L. 1896, ch. 276, § 14; G.L. 1909, ch. 342, § 14; G.L. 1923, ch. 394, § 14; G.L. 1938, ch. 605, § 14.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-2.1. Assault by a municipal detention inmate

 


Every prisoner, detainee, or other person incarcerated or confined in the Donald W. Wyatt Detention Facility, created under chapter 54 of title 45 who shall assault the director or other detention center employees, shall be sentenced by the court to imprisonment at the adult correctional institutions, for not less than one year and no more than twenty (20) years. This term shall commence at the expiration of the original term of imprisonment of the prisoner.


CREDIT(S)


P.L. 2000, ch. 362, § 1;P.L. 2000, ch. 477, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-3. Fatal assault by maximum custodial inmate deemed murder

 


In case the warden or any under-keeper or any other officer of a maximum custodial unit is killed in any assault by a prisoner, the killing shall be deemed to be a murder.


CREDIT(S)


P.L. 1956, ch. 3721, § 1; P.L. 1956, § 11-25-3.


Codifications: G.L. 1896, ch. 276, § 15; G.L. 1909, ch. 342, § 15; G.L. 1923, ch. 394, § 15; G.L. 1938, ch. 605, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-4. Assault or escape by prisoner of medium or minimum custodial unit

 


Every prisoner confined in the medium or minimum custodial unit of the adult correctional institutions or in the custody of the warden or other officer while outside the confines of the custodial unit, or in the custody of the director of mental health, retardation and hospitals pursuant to the provisions of § 40.1-5.3-1 who shall assault the warden or other officer of that institution, or shall escape, or attempt to effect an escape, either from those institutions or the custody of the warden or officers, or the director, including that custody which pertains to the work release program, shall be sentenced by the court to a term of imprisonment in the adult correctional institutions for not less than one year nor more than twenty (20) years. This term shall commence from the expiration of the original term of the prisoner.


CREDIT(S)


P.L. 1936, ch. 2388, § 2; P.L. 1950, ch. 2467, § 1; P.L. 1956, ch. 3721, § 1; P.L. 1970, ch. 70, § 1; P.L. 1974, ch. 105, § 1; P.L. 1979, ch. 244, § 1; P.L. 1991, ch. 58, § 1.


Codifications: G.L. 1938, ch. 605, § 25.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-4.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 25. Jails and Prisons

 

 

§ 11-25-4.1. Sentence for assault or escape by prisoner--Consecutive term

 


The sentence for assault or escape, as prescribed in § 11-25-4, shall run consecutively to the original term of incarceration.


CREDIT(S)


P.L. 1988, ch. 145, § 1.



Current through chapter 491 of the January 2012 session


Chapter 1. Criminal Code

Tags:25 LA (1.5%)

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 134. Malfeasance in office



A. Malfeasance in office is committed when any public officer or public employee shall:




(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or



(2) Intentionally perform any such duty in an unlawful manner; or



(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.



B. Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.



C. (1) Whoever commits the crime of malfeasance in office shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.



(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.




 CREDIT(S)



Amended by Acts 1980, No. 454, § 1; Acts 2010, No. 811, § 1, eff. Aug. 15, 2011.



Current through the 2012 Regular Session.




LSA-R.S. 14:134.1



Effective: August 15, 2010



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 134.1. Malfeasance in office; sexual conduct prohibited with persons in the custody and supervision of the Department of Public Safety and Corrections



A. It shall be unlawful and constitute malfeasance in office for any of the following persons to engage in sexual intercourse or any other sexual conduct with a person who is under their supervision and who is confined in a prison, jail, work release facility, or correctional institution, or who is under the supervision of the division of probation and parole:




(1) A law enforcement officer.



(2) An officer, employee, contract worker, or volunteer of the Department of Public Safety and Corrections or any prison, jail, work release facility, or correctional institution.



B. Whoever violates a provision of this Section shall be fined not more than ten thousand dollars or imprisoned at hard labor for not more than ten years, or both.



C. For purposes of this Section, “law enforcement officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.




 CREDIT(S)



Added by Acts 1981, No. 509, § 1. Amended by Acts 2008, No. 481, § 1; Acts 2010, No. 915, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:134.2



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 134.2. Malfeasance in office; tampering with evidence



A. It shall be unlawful and constitute malfeasance in office for a peace officer to tamper with evidence.




(1) For purposes of this Section, “a peace officer” shall be defined as a commissioned state, parish, or municipal police officer, a sheriff, or a deputy sheriff.



(2) For purposes of this Section, “tampering with evidence” is the intentional alteration, movement, removal, or addition of any object or substance when the peace officer:



(a) Knows or has good reason to believe that such object or substance will be the subject of any investigation by state, local, or federal law enforcement officers, and



(b) Acts with the intent of distorting the results of such an investigation.



B. Whoever violates this Section shall be fined not more than ten thousand dollars, or be imprisoned, with or without hard labor, for not more than three years, or both.




 CREDIT(S)



Added by Acts 1984, No. 566, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:134.3



Effective: August 15, 2011



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 134.3. Abuse of office



A. No public officer or public employee shall knowingly and intentionally use the authority of his office or position, directly or indirectly, to compel or coerce any person to provide the public officer, public employee or any other person with anything of apparent present or prospective value when the public officer or employee is not entitled by the nature of his office to the services sought or the object of his demand.




B. (1) Whoever violates the provisions of this Section shall be fined up to five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than five years.



(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.



C. The provisions of this Section shall not apply to benefits or services rendered to a person who is entitled to such benefits or services from the state or any political subdivision of the state or any governmental entity when the public officer or public employee is performing his duties as authorized by law. Nothing in this Section shall prohibit or limit the ability of a public officer or public employee from performing his duties as authorized by law or as a condition of his employment or office.




 CREDIT(S)



Added by Acts 2008, 1st Ex.Sess., No. 22, § 1, eff. March 11, 2008. Amended by Acts 2010, No. 811, § 1, eff. Aug. 15, 2011.



Current through the 2012 Regular Session.




LSA-R.S. 14:135



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 135. Public salary deduction



A. Public salary deduction is committed when any public officer or public employee retains or diverts for his own use or the use of any other person or political organization, any part of the salary or fees allowed by law to any other public officer or public employee, unless authorized in writing by the said public officer or public employee.




B. Whoever commits the crime of public salary deduction shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.




 CREDIT(S)



Amended by Acts 1980, No. 454, § 1; Acts 1999, No. 318, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:136



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 136. Public salary extortion



A. Public salary extortion is committed when any person shall:




(1) Solicit or receive, or attempt to solicit or receive, either directly or indirectly, the payment of any money or other thing of value from any public officer or public employee to himself or any other person or political organization, through any means or form whatsoever and for any purpose whatsoever, when such payment is obtained or solicited upon suggestion or threat that the failure to make such payment shall result in the loss or impairment of value to such officer or employee of his office or employment, or when such payment shall be a reward or remuneration for securing such office or employment; and proof that such payments were collected from or paid by such officers or employees on a uniform or progressive percentage or amount basis, shall be presumptive evidence that payments were made under duress or upon the considerations set forth hereinbefore; however, a written request made pursuant to R.S. 14:135 shall serve to rebut the presumption that payment was made under duress; or



(2) Solicit or receive or attempt to solicit or receive, either directly or indirectly, the contribution of any money or other thing of value for any general, primary or special election or for any other political purpose, from any person holding any office or employment for remuneration or profit, including those persons who work on a commission basis, with the state, who receive a remuneration of two hundred dollars per month or less from such employment; provided that this Subdivision shall not apply where the person solicited or whose contribution was received was an elective public officer or a candidate for any elective public office.



B. Whoever commits the crime of public salary extortion shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.




 CREDIT(S)



Amended by Acts 1980, No. 454, § 1; Acts 1999, No. 318, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:137



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 137. Repealed by Acts 1979, No. 700, § 8



Current through the 2012 Regular Session.




LSA-R.S. 14:138



Effective: August 15, 2011



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 138. Public payroll fraud



A. Public payroll fraud is committed when:




(1) Any person shall knowingly receive any payment or compensation, or knowingly permit his name to be carried on any employment list or payroll for any payment or compensation from the state, for services not actually rendered by himself, or for services grossly inadequate for the payment or compensation received or to be received according to such employment list or payroll; or



(2) Any public officer or public employee shall carry, cause to be carried, or permit to be carried, directly or indirectly, upon the employment list or payroll of his office, the name of any person as employee, or shall pay any employee, with knowledge that such employee is receiving payment or compensation for services not actually rendered by said employee or for services grossly inadequate for such payment or compensation.



B. This Section shall not apply in the following situations:



(1) When a bona fide public officer or public employee, who is justifiably absent from his job or position for a reasonable time, continues to receive his usual compensation or a part thereof.



(2) When arrangements between firefighters to swap work or perform substitute work with or for each other is done in compliance with the provisions of the federal Fair Labor Standards Act, 29 U.S.C. 207(p)(3) and the associated regulations found in the Code of Federal Regulations and in accordance with rules and regulations adopted by the appointing authority.



C. (1) Whoever commits the crime of public payroll fraud shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than two years, or both.



(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.




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Amended by Acts 1997, No. 538, § 1; Acts 2010, No. 811, § 1, eff. Aug. 15, 2011.



Current through the 2012 Regular Session.




LSA-R.S. 14:139



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 139. Political payroll padding



Political payroll padding is committed when any public officer or public employee shall, at any time during the six months preceding any election for governor:




(1) Increase the number of public employees in his office, department, board, agency, or institution more than five percent over the average number of such employees for each of the first six months of the twelve months next preceding said election; or



(2) Increase the payroll or other operating expenses of his office, department, board, agency, or institution more than fifteen percent over its average amount of such expenditures for each of the months of the first six months of the twelve months next preceding said election.



The provisions of this Article shall not apply where the increases are necessitated by flood, invasion by a common enemy, or other public emergency.



Whoever commits the crime of political payroll padding shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.




 CREDIT(S)



Amended by Acts 1980, No. 454, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:139.1



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 139.1. Political payroll padding by sheriff; sale of assets of sheriff's office prohibited



A. During the six months preceding a gubernatorial election and during the time interval between the gubernatorial election and the first day of July following election, it shall be unlawful for any sheriff to:




(1) Increase the number of deputies or employees in his office by more than five percent over the average number of such employees for each of the first six months of the twelve months preceding said election; or



(2) Increase the payroll or other operating expenses of his office more than fifteen percent over its average amount of such expenditures for each of the months of the first six months of the twelve months preceding said election; or



(3) Transfer title and ownership of the capital assets of his office of a value in excess of ten percent of the total value of said assets as reflected in the current inventory filed in the office of the sheriff on date of the first primary election under the provisions of Section 513 of Title 24.



B. In determining whether any surplus or deficit exists in the office of any sheriff at the expiration of a term of office, the current market value of the capital assets of the office as set forth in the inventory filed in accordance with Section 513 of Title 24 shall be included in the total assets of the sheriff's office.



C. The provisions of this Section shall not apply when the increases or decreases are necessitated by flood, invasion by common enemy, or other public emergency. In addition, the provisions of this Section shall not apply to any increase based upon the utilization of additional revenue from a tax district election or to an increase necessitated by the completion of a new or expansion of an existing prison facility.



D. Whoever violates the provisions of Subsection A of this Section shall be imprisoned, with or without hard labor, for not more than five years or shall be fined not more than five thousand dollars, or both.




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Added by Acts 1981, No. 505, § 1. Amended by Acts 1999, No. 108, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:139.2



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 139.2. Transfer of capital assets of clerk of court's office prohibited



A. It shall be unlawful for any clerk of court, during a period beginning on the second Saturday in April of a year in which a regular gubernatorial election is scheduled and ending on the first day of July of the following year, to transfer title and ownership of any capital assets of his office which have an aggregate value greater than ten percent of the total value of the capital assets of his office.




B. For purposes of this Section, the capital assets of the office of a clerk of court shall include all general fixed assets over which the clerk has custody and control, regardless of whether such assets are carried as assets by the clerk or by the parish governing authority.



C. The value of the capital assets shall be the value of such assets as reflected in the current inventory filed under the provisions of R.S. 24:513 prior to the beginning day of the period specified in Subsection A or, if no such inventory is filed, the value of the assets as carried on the records of the clerk or the parish governing authority on the day prior to the beginning day of the period specified in Subsection A.



D. The provisions of this Section shall not apply to a transfer necessitated by flood, invasion by common enemy, or other public emergency.



E. Whoever violates the provisions of Subsection A of this Section shall be imprisoned, with or without hard labor, for not more than five years or shall be fined not more than five thousand dollars, or both.




 CREDIT(S)



Added by Acts 1985, No. 381, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:140



Effective: August 15, 2011



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 140. Public contract fraud



A. Public contract fraud is committed:




(1) When any public officer or public employee shall use his power or position as such officer or employee to secure any expenditure of public funds to himself, or to any partnership of which he is a member, or to any corporation of which he is an officer, stockholder, or director.



(2) When any member of any public board, body, or commission charged with the custody, control, or expenditure of any public funds votes for or uses his influence to secure any expenditure of such funds to himself, or to any partnership of which he is a member, or to any corporation of which he is an officer, director, or stockholder.



(3) When any sheriff charged with the duties of enforcing the laws of this state or any political subdivision thereof shall enter into a contract, either written or oral, individually or as a member or stockholder of any partnership, company, or corporation, with any such person whereby such sheriff or partnership, company, or corporation, of which he is a member or stockholder is to perform any services of a law enforcement nature; provided, however, a deputy sheriff may, as an employee only, perform services of a law enforcement nature for any person, partnership, company, or corporation, but only if the deputy sheriff fulfills his employee performance requirements while not on official duty.



B. The fact that an expenditure has been made to any party named in Paragraphs (1) and (2) of Subsection A of this Section, or to any partnership of which he is a member, or to any corporation of which he is an officer, stockholder, or director, shall be presumptive evidence that such person has used his power, position, or influence to secure such expenditure.



C. (1) Whoever commits the crime of public contract fraud shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than two years, or both.



(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.




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Amended by Acts 1968, No. 487, § 1; Acts 1979, No. 562, § 1; Acts 2010, No. 811, § 1, eff. Aug. 15, 2011.



Current through the 2012 Regular Session.




LSA-R.S. 14:141



Effective: August 15, 2011



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part VII. Offenses Affecting Organized Government

Subpart F. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 141. Prohibited splitting of profits, fees or commissions; exceptions



A. For the purposes of this Section, “splitting of profits, fees or commissions” means the giving, offering to give, receiving or offering to receive, directly or indirectly, anything of apparent present or prospective value by or to a public officer or public employee or to any fund or fiduciary existing for the benefit of or use by such public officer or employee, when such value is derived from any agreement or contract to which the state or any political subdivision thereof is a party.




B. There shall be no splitting of profits, fees or commissions, past or present, derived from the sale of any commodity, goods, services, insurance, or anything of value to the state or any political subdivision thereof from which a public officer or public employee, representing the state or a political subdivision, as the case may be, in his official capacity, receives or offers to receive a portion of the profits, fees and/

 
or commissions. The contract shall be a public record.

C. Whoever commits the crime of receiving or offering to receive a portion of the profits, fees or commissions as provided by this Section shall upon conviction be fined not more than ten thousand dollars or shall be imprisoned, with or without hard labor, for not more than ten years, or both.




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Added by Acts 1972, No. 760, § 1. Amended by Acts 2011, No. 343, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:142


Chapter 9A.80. Abuse of Office  9A.80.010. Official misconduct

Tags:13 WA (2.2%)

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.80. Abuse of Office

9A.80.010. Official misconduct



(1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:



(a) He or she intentionally commits an unauthorized act under color of law; or



(b) He or she intentionally refrains from performing a duty imposed upon him or her by law.



(2) Official misconduct is a gross misdemeanor.



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[2011 c 336 § 408, eff. July 22, 2011; 1975-'76 2nd ex.s. c 38 § 17; 1975 1st ex.s. c 260 § 9A.80.010.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA T. 9A, Ch. 9A.82, Refs & Annos



West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code


Chapter 9A.82. Criminal Profiteering Act


Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.82.001


Chapter 53. Abuse of Office

Tags:06 PA (4.1%)

Chapter 53. Abuse of Office (Refs & Annos)

§ 5301. Official oppression


A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:


(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or


(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 5302

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article E. Offenses Against Public Administration

Chapter 53. Abuse of Office (Refs & Annos)

§ 5302. Speculating or wagering on official action or information


A public servant commits a misdemeanor of the second degree if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:


(1) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action;


(2) speculates or wagers on the basis of such information or official action; or


(3) aids another to do any of the foregoing.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 5303

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article E. Offenses Against Public Administration

Chapter 53. Abuse of Office (Refs & Annos)

§ 5303. Liability for reimbursement of costs for outside counsel


(a) General rule.--A public official who is convicted of a felony or a misdemeanor under Federal law or under the laws of this Commonwealth shall be liable for and shall reimburse any public money expended by the Commonwealth to cover the costs incurred by an agency for outside counsel to defend the convicted public official in connection with a criminal investigation and prosecution of such public official.


(b) Conviction in State court.--When a public official is convicted of a felony or misdemeanor in State court, the court shall, in addition to the punishment prescribed for the offense, order the public official to reimburse any public money for which he is liable under subsection (a).


(c) Conviction in Federal court.--When a public official is convicted of a felony or misdemeanor in a Federal court, the Attorney General shall institute a civil action in Commonwealth Court to recover the public money for which the public official is liable under subsection (a).


(d) Method of reimbursement.--The court may order the public official to make reimbursement of public money in a lump sum, by monthly installments or according to such other schedule as the court may determine appropriate. The period of time during which the public official is ordered to make such reimbursement may exceed the maximum term of imprisonment to which the public official could have been sentenced for the crime of which he was convicted.


(e) Status of reimbursement.--Any reimbursement of public money ordered by the court under this section shall be a judgment in favor of the Commonwealth upon the public official or property of the public official ordered to make reimbursement. The Attorney General shall be responsible for enforcing such judgment in courts of competent jurisdiction in accordance with provisions of this title.


(f) Disposition of funds.--Any money reimbursed or recovered under this section shall be deposited in the fund from which the Commonwealth expended such public money.


(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:


“Convicted.” A finding or verdict of guilty, an admission of guilt or a plea of nolo contendere.


“Public money.” Any money received by the Commonwealth or any agency of the Commonwealth through taxes imposed pursuant to the act of March 4, 1971 (P.L. 6, No. 2), [FN1] known as the Tax Reform Code of 1971, and through fees, fines and penalties imposed pursuant to the laws of this Commonwealth.


“Public official.” Any person who is required to file an annual statement of financial interests with the State Ethics Commission as a public official of the Commonwealth in accordance with the act of October 4, 1978 (P.L. 883, No. 170), [FN2] referred to as the Public Official and Employee Ethics Law.



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1996, July 11, P.L. 552, No. 98, § 2, effective in 60 days.


[FN1] 72 P.S. § 7101 et seq.


[FN2] 65 P.S. § 401 et seq.


 

Current through Regular Session Act 2013-4


Chapter 720. Criminal Offenses

Tags:05 IL (4.1%)

Effective: January 1, 2013


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-1. Bribery


§ 33-1. Bribery. A person commits bribery when:



(a) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or



(b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or



(c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or



(d) He or she receives, retains or agrees to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or



(e) He or she solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.



(f) As used in this Section, "tenders" means any delivery or proffer made with the requisite intent.



(g) Sentence. Bribery is a Class 2 felony.




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Laws 1961, p. 1983, § 33-1, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 80-922, § 1, eff. Oct. 1, 1977; P.A. 80-1099, § 1, eff. Feb. 1, 1978; P.A. 84-761, § 1, eff. Jan. 1, 1986; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 33-1.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-2

Formerly cited as IL ST CH 38 ¶ 33-2


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-2. Failure to report a bribe


§ 33-2. Failure to report a bribe. Any public officer, public employee or juror who fails to report forthwith to the local State's Attorney, or in the case of a State employee to the Department of State Police, any offer made to him in violation of Section 33-1 commits a Class A misdemeanor.



In the case of a State employee, the making of such report to the Department of State Police shall discharge such employee from any further duty under this Section. Upon receiving any such report, the Department of State Police shall forthwith transmit a copy thereof to the appropriate State's Attorney.




CREDIT(S)



Laws 1961, p. 1983, § 33-2, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 83-844, § 1, eff. Jan. 1, 1984; P.A. 84-25, Art. IV, § 10, eff. July 18, 1985.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 33-2.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-3

Formerly cited as IL ST CH 38 ¶ 33-3


Effective: January 1, 2006


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-3. Official Misconduct


§ 33-3. Official Misconduct. A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:



(a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or



(b) Knowingly performs an act which he knows he is forbidden by law to perform; or



(c) With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or



(d) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.



A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.



For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.




CREDIT(S)



Laws 1961, p. 1983, § 33-3, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 80-922, § 1, eff. Oct. 1, 1977; P.A. 82-576, § 1, eff. Jan. 1, 1982; P.A. 82-790, § 7, eff. July 13, 1982; P.A. 94-338, § 5, eff. Jan. 1, 2006.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 33-3.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-3.1


Effective: August 28, 2002


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-3.1. Solicitation misconduct (State government)


§ 33-3.1. Solicitation misconduct (State government).



(a) An employee of an executive branch constitutional officer commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, [FN1] from a person engaged in a business or activity over which the person has regulatory authority.



(b) For the purpose of this Section, "employee of an executive branch constitutional officer" means a full-time or part-time salaried employee, full-time or part-time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of an executive branch constitutional officer; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State or federal statute or regulation relating to the business or activity.



(c) An employee of an executive branch constitutional officer, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of an executive branch constitutional officer who does have regulatory authority to solicit or receive contributions in violation of this Section.



(d) Solicitation misconduct (State government) is a Class A misdemeanor. An employee of an executive branch constitutional officer convicted of committing solicitation misconduct (State government) forfeits his or her employment.



(e) An employee of an executive branch constitutional officer who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole.



(f) Any person who knowingly makes a false report of solicitation misconduct (State government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor.




CREDIT(S)



Laws 1961, p. 1983, § 33-3.1, added by P.A. 92-853, § 10, eff. Aug. 28, 2002.


[FN1] 10 ILCS 5/9-1.4.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-3.2


Effective: August 28, 2002


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-3.2. Solicitation misconduct (local government)


§ 33-3.2. Solicitation misconduct (local government).



(a) An employee of a chief executive officer of a local government commits solicitation misconduct (local government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, [FN1] from a person engaged in a business or activity over which the person has regulatory authority.



(b) For the purpose of this Section, "chief executive officer of a local government" means an executive officer of a county, township or municipal government or any administrative subdivision under jurisdiction of the county, township, or municipal government including but not limited to: chairman or president of a county board or commission, mayor or village president, township supervisor, county executive, municipal manager, assessor, auditor, clerk, coroner, recorder, sheriff or State's Attorney; "employee of a chief executive officer of a local government" means a full-time or part-time salaried employee, full-time or part-time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of a chief executive officer of a local government; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State, local, or federal statute or regulation relating to the business or activity.



(c) An employee of a chief executive officer of a local government, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of a chief executive officer of a local government who does have regulatory authority to solicit or receive contributions in violation of this Section.



(d) Solicitation misconduct (local government) is a Class A misdemeanor. An employee of a chief executive officer of a local government convicted of committing solicitation misconduct (local government) forfeits his or her employment.



(e) An employee of a chief executive officer of a local government who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole.



(f) Any person who knowingly makes a false report of solicitation misconduct (local government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor.




CREDIT(S)



Laws 1961, p. 1983, § 33-3.2, added by P.A. 92-853, § 10, eff. Aug. 28, 2002.


[FN1] 10 ILCS 5/9-1.4.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-4


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-4. Peace officer or correctional officer; gang-related activity prohibited


§ 33-4. Peace officer or correctional officer; gang-related activity prohibited.



(a) It is unlawful for a peace officer or correctional officer to knowingly commit any act in furtherance of gang-related activities, except when acting in furtherance of an undercover law enforcement investigation.



(b) In this Section, "gang-related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. [FN1]



(c) Sentence. A violation of this Section is a Class 3 felony.




CREDIT(S)



Laws 1961, p. 1983, § 33-4, added by P.A. 90-131, § 5, eff. Jan. 1, 1998.


[FN1] 740 ILCS 147/10.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-5


Effective: August 22, 2001


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-5. Preservation of evidence


§ 33-5. Preservation of evidence.



(a) It is unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a) of Section 116-4 of the Code of Criminal Procedure of 1963. [FN1]



(b) Sentence. A person who violates this Section is guilty of a Class 4 felony.



(c) For purposes of this Section, "law enforcement agency" has the meaning ascribed to it in subsection (e) of Section 116-4 of the Code of Criminal Procedure of 1963.




CREDIT(S)



Laws 1961, p. 1983, § 33-5, added by P.A. 91-871, § 5, eff. Jan. 1, 2001. Amended by P.A. 92-459, § 5, eff. Aug. 22, 2001.


[FN1] 725 ILCS 5/116-4.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-6


Effective: July 2, 2010


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-6. Bribery to obtain driving privileges


§ 33-6. Bribery to obtain driving privileges.



(a) A person commits the offense of bribery to obtain driving privileges when:



(1) with intent to influence any act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or


(2) with intent to cause any person to influence any act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or


(3) as an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage that he or she is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to influence the performance of any act related to the issuance of any driver's license or permit; or


(4) as an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the issuance of any driver's license or permit.


(b) Sentence. Bribery to obtain driving privileges is a Class 2 felony.




CREDIT(S)



Laws 1961, p. 1983, § 33-6, added by P.A. 93-783, § 5, eff. Jan. 1, 2005. Amended by P.A. 96-740, § 15, eff. Jan. 1, 2010; P.A. 96-962, § 10, eff. July 2, 2010.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-7


Effective: August 18, 2009


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-7. Public contractor misconduct


§ 33-7. Public contractor misconduct.



(a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of the following acts:



(1) intentionally or knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property;


(2) knowingly performs an act that he or she knows he or she is forbidden by law to perform;


(3) with intent to obtain a personal advantage for himself, herself, or another, he or she performs an act in excess of his or her contractual responsibility;


(4) solicits or knowingly accepts for the performance of any act a fee or reward that he or she knows is not authorized by law; or


(5) knowingly or intentionally seeks or receives compensation or reimbursement for goods and services he or she purported to deliver or render, but failed to do so pursuant to the terms of the contract, to the unit of State or local government or school district.


(b) Sentence. Any person who violates this Section commits a Class 3 felony. Any person convicted of this offense or a similar offense in any state of the United States which contains the same elements of this offense shall be barred for 10 years from the date of conviction from contracting with, employment by, or holding public office with the State or any unit of local government or school district. No corporation shall be barred as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and (1) it has been finally adjudicated not guilty or (2) it demonstrates to the government entity with which it seeks to contract, and that entity finds, that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or high managerial agent on behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code.



(c) The Attorney General or the State's Attorney in the county where the principal office of the unit of local government or school district is located may bring a civil action on behalf of any unit of State or local government to recover a civil penalty from any person who knowingly engages in conduct which violates subsection (a) of this Section in treble the amount of the monetary cost to the unit of State or local government or school district involved in the violation. The Attorney General or State's Attorney shall be entitled to recover reasonable attorney's fees as part of the costs assessed to the defendant. This subsection (c) shall in no way limit the ability of any unit of State or local government or school district to recover moneys or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government or school district knew or should have known that the conduct establishing the cause of action occurred.



(d) This amendatory Act of the 96th General Assembly shall not be construed to create a private right of action.




CREDIT(S)



Laws 1961, p. 1983, § 33-7, added by P.A. 94-338, § 5, eff. Jan. 1, 2006. Amended by P.A. 96-575, § 5, eff. Aug. 18, 2009.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33-8


Effective: January 1, 2013


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 33. Official Misconduct (Refs & Annos)

5/33-8. Legislative misconduct


§ 33-8. Legislative misconduct.



(a) A member of the General Assembly commits legislative misconduct when he or she knowingly accepts or receives, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence he or she may give or withhold on any bill, resolution or appropriation, or for any other official act.



(b) Sentence. Legislative misconduct is a Class 3 felony.




CREDIT(S)



Laws 1961, p. 1983, § 33-8, added by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.


Current through P.A. 98-16 of the 2013 Reg. Sess.



ILCS Ch. 720, ACT 5, T. III, Pt. F, Art. 33A, Refs & Annos



West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012

Title III. Specific Offenses

Part F. Certain Aggravated Offenses

Article 33A. Armed Violence


DATE EFFECTIVE


<Article 33A was added by Laws 1967, p. 2595, eff. Aug. 3, 1967.>



Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/33A-1

Formerly cited as IL ST CH 38 ¶ 33A-1


Title 18. Criminal Code

Tags:22 CO (1.6%)

C.R.S.A. § 18-8-801



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 8. Offenses Relating to Use of Force by Peace Officers

§ 18-8-801. Definitions



As used in this part 8, unless the context otherwise requires:



(1) “Materially false statement” has the meaning set out in section 18-8-501(1).



(2) “Peace officer” has the meaning set out in section 16-2.5-101, C.R.S.



CREDIT(S)


Added by Laws 1991, S.B.91-234, § 1, eff. June 5, 1991. Amended by Laws 2003, Ch. 242, § 12, eff. Aug. 6, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-802



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 8. Offenses Relating to Use of Force by Peace Officers

§ 18-8-802. Duty to report use of force by peace officers



(1)(a) A peace officer who, in pursuance of such officer's law enforcement duties, witnesses another peace officer, in pursuance of such other peace officer's law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, use physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707 must report such use of force to such officer's immediate supervisor.



(b) At a minimum, the report required by this section shall include the date, time, and place of the occurrence, the identity, if known, and description of the participants, and a description of the events and the force used. A copy of an arrest report or other similar report required as a part of a peace officer's duties can be substituted for the report required by this section, so long as it includes such information. The report shall be made in writing within ten days of the occurrence of the use of such force.



(c) Any peace officer who fails to report such use of force in the manner prescribed in this subsection (1) commits a class 1 misdemeanor.



(2) Any peace officer who knowingly makes a materially false statement, which the officer does not believe to be true, in any report made pursuant to subsection (1) of this section commits false reporting to authorities pursuant to section 18-8-111(1)(c).



(3) No report filed pursuant to subsection (1) of this section shall be used as evidence against a peace officer in a criminal proceeding unless there is other credible evidence which corroborates such report or in a civil action over a claim of executive or statutory privilege without a valid court order.



CREDIT(S)


Added by Laws 1991, S.B.91-234, § 1, eff. June 5, 1991.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-803



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 8. Offenses Relating to Use of Force by Peace Officers

§ 18-8-803. Use of excessive force



(1) Subject to the provisions of section 18-1-707, a peace officer who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, including the provisions of part 1 of article 3 of this title concerning homicide and related offenses and the provisions of part 2 of said article 3 concerning assaults.



(2) As used in this section, “excessive force” means physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707. The use of excessive force shall be presumed when a peace officer continues to apply physical force in excess of the force permitted by section 18-1-707 to a person who has been rendered incapable of resisting arrest.



CREDIT(S)


Added by Laws 1991, S.B.91-234, § 1, eff. June 5, 1991.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-8-804



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 8. Offenses--Governmental Operations (Refs & Annos)

Part 8. Offenses Relating to Use of Force by Peace Officers

§ 18-8-804. Approved policy or guidelines



Each public entity which employs any peace officer shall adopt policies or guidelines concerning the use of force by peace officers which shall be complied with by peace officers in carrying out the duties of such officers within the jurisdiction of the public entity.




CREDIT(S)


Added by Laws 1991, S.B.91-234, § 1, eff. June 5, 1991.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


Chapter 13. Integrity and Effectiveness of Government Operations

Updated:6/4/2013 10:03 AM
Tags:National Commission


§1344. Hindering Proceedings by Disorderly Conduct.

 

(1) Intentional Hindering. A person is guilty of a Class A misdemeanor if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.

(2) Reckless Hindering. A person is guilty of an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. The offense is a class B misdemeanor if it continues after explicit official request to desist. Otherwise it is an infraction.

(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the official proceeding is a federal official proceeding.

 

§1345. Disobedience of Judicial Order.

 

(1) Offense. A person is guilty of a Class A misdemeanor if he disobeys or resists a lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, of a court of the United States.

(2) Fines. Notwithstanding the limitations of section 3301 (Authorized Fines), the defendant may be sentenced to pay a fine in any amount deemed just by the court.

 

§1346. Soliciting Obstruction of Proceedings.

 

A person is guilty of a Class A misdemeanor if he solicits another to commit an offense defined in sections 1342, 1343, 1344(1) or 1345.

 

§1349.  Certification for Prosecution of Offenses Under Sections 1342 to 1345.

 


(1)  Judicial Proceeding. No person shall be prosecuted under ins 1342, 1343,1344 or 1345 if the official proceeding involved is before a court of the United States unless the judge or a majority of the judges sitting certifies the case to the appropriate A States Attorney to be considered for possible prosecution, it that this provision does not apply to a prosecution under section 1345 if the United States or an agency thereof is a party matter in which the order issues. If the certification includes recommendation that a prosecution be instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury for its action.

(2)  Grand Jury Proceeding. If the official proceeding involved is a grand jury proceeding, no person shall be prosecuted:

(a) under section 1349 unless a judge certifies the case to the appropriate United States Attorney to be considered for possible prosecution;

(b) under section 1343 unless the judge whose direction has allegedly been disobeyed, or any other judge of that court the original judge is no longer serving, certifies the case the appropriate United States Attorney to be considered for possible prosecution.

If the certification includes a recommendation that a prosecution instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury  for its action.

(3)  Proceedings Before Magistrate or Referee in Bankruptcy.

No person shall be prosecuted under sections 1342 or 1343 if the official proceeding involved is before a United States magistrate or referee in bankruptcy unless a district court judge certifies the case to the appropriate United States Attorney to be considered for possible prosecution. If the certification includes a recommendation that a prosecution be instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury for its action.

(4)  Congressional Proceedings. No person shall be prosecuted under sections 1342 or 1343 if the official proceeding involved is before Congress, unless the facts of such violation are reported to either House of Congress while Congress is in session, or, when Congress is not in session, a statement of the facts constituting such violation is reported to and filed with the President of the Senate or the Speaker of the House. If the report is made while Congress is in session and the appropriate House has so ordered, the President of the Senate or the Speaker of the House, as the case may be, shall certify, or if the report is made when Congress is not in session, such officer may certify, the statement of facts under the seal of the appropriate House to the appropriate United States Attorney, whose duty it shall be to bring the matter before the grand jury for its action.

(5) Lack of Certification a Bar. Failure to comply with the certification requirements of this section is a bar to prosecution.  The defendant shall have the burden of proving such failure to comply by a preponderance of the evidence, and shall be entitled  to have the issue determined by the court out of the presence of the jury, if any, and to exclusion of any reference to the need or fact of certification from the attention of the jury.



Chapter 162. Offenses Against the State and Public Justice

Tags:27 OR (1.2%)

O.R.S. § 162.405

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.405. Official misconduct in the second degree

(1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.

(2) Official misconduct in the second degree is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 214.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.410

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.410. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.415

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.415. Official misconduct in the first degree

(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:

(a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.

(2) Official misconduct in the first degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 215.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.420

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.420. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.425

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.425. Misuse of confidential information

(1) A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquires or aids another in acquiring a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action.

(2) Misuse of confidential information is a Class B misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 216.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.430

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.430. Amended by Laws 1961, c. 649, § 6; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.440

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.440. Amended by Laws 1961, c. 649, § 7; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 162.450

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.450. Laws 1965, c. 447, §§ 8, 9; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


940.291. Law enforcement officer; failure to render aid

Tags:20 WI (1.8%)

W.S.A. 940.291

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter II. Bodily Security

940.291. Law enforcement officer; failure to render aid


(1) Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual custody is guilty of a Class A misdemeanor if bodily harm results from the failure. This subsection applies whether the custody is lawful or unlawful and whether the custody is actual or constructive. A violation for intentionally failing to render first aid under this subsection applies only to first aid which the officer has the knowledge and ability to render.


(2) Any peace officer who knowingly permits another person to violate sub. (1), while acting in the course of employment or under the authority of employment, is guilty of a Class A misdemeanor.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 940.295

Effective: February 1, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter II. Bodily Security

940.295. Abuse and neglect of patients and residents


(1) Definitions. In this section:


(ad) “Abuse” has the meaning given in s. 46.90(1)(a).


(ag) “Adult at risk” has the meaning given in s. 55.01(1e).


(am) “Adult family home” has the meaning given in s. 50.01(1).


(b) “Bodily harm” has the meaning given in s. 46.90(1)(aj).


(c) “Community-based residential facility” has the meaning given in s. 50.01(1g).


(cr) “Elder adult at risk” has the meaning given in s. 46.90(1)(br).


(d) “Foster home” has the meaning given in s. 48.02(6).


(e) “Great bodily harm” has the meaning given in s. 939.22(14).


(f) “Group home” has the meaning given in s. 48.02(7).


(g) “Home health agency” has the meaning given in s. 50.49(1)(a).


(h) “Hospice” has the meaning given in s. 50.90(1).


(hr) “Individual at risk” means an elder adult at risk or an adult at risk.


(i) “Inpatient health care facility” has the meaning given in s. 50.135(1).


(k) “Neglect” has the meaning given in s. 46.90(1)(f).


(km) “Negligence” means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person.


(L) “Patient” means any person who does any of the following:


1. Receives care or treatment from a facility or program under sub. (2), from an employee of a facility or program or from a person providing services under contract with a facility or program.


2. Arrives at a facility or program under sub. (2) for the purpose of receiving care or treatment from a facility or program under sub. (2), from an employee of a facility or program under sub. (2), or from a person providing services under contract with a facility or program under sub. (2).


(o) “Recklessly” means conduct that creates a situation of unreasonable risk of death or harm to and demonstrates a conscious disregard for the safety of the patient or resident.


(p) “Resident” means any person who resides in a facility under sub. (2).


(r) “State treatment facility” has the meaning given in s. 51.01(15).


(s) “Treatment facility” has the meaning given in s. 51.01(19).


(2) Applicability. This section applies to any of the following types of facilities or programs:


(a) An adult day care center.


(b) An adult family home.


(c) A community-based residential facility.


(d) A foster home.


(e) A group home.


(f) A home health agency.


(g) A hospice.


(h) An inpatient health care facility.


(i) A program under s. 51.42(2).


(j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.


(k) A state treatment facility.


(L) A treatment facility.


(m) A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children.


(n) Any other health facility or care-related facility or home, whether publicly or privately owned.


(3) Abuse and neglect; penalties. (a) Any person in charge of or employed in any facility or program under sub. (2) who does any of the following, or who knowingly permits another person to do so, may be penalized under par. (b):


1. Intentionally abuses or intentionally neglects a patient or resident.


2. Recklessly abuses or recklessly neglects a patient or resident.


3. Except as provided in par. (am), abuses, with negligence, or neglects a patient or a resident.


(am) Paragraph (a)3. does not apply to a health care provider acting in the scope of his or her practice or employment who commits an act or omission of mere inefficiency, unsatisfactory conduct, or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith error in judgment or discretion.


(b)1g. Any person violating par. (a)1. or 2. under circumstances that cause death to an individual at risk is guilty of a Class C felony. Any person violating par. (a)3. under circumstances that cause death to an individual at risk is guilty of a Class D felony.


1m. Any person violating par. (a) under circumstances that cause great bodily harm to an individual at risk is guilty of a Class E felony.


1r. Except as provided in subd. 1m., any person violating par. (a)1. under circumstances that cause great bodily harm is guilty of a Class F felony. Any person violating par. (a)1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony.


2. Any person violating par. (a)1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a)1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony.


3. Except as provided in subd. 1m., any person violating par. (a)2. or 3. under circumstances that cause great bodily harm is guilty of a Class H felony. Any person violating par. (a)2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.


4. Any person violating par. (a)2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.


5. Any person violating par. (a)1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 940.30

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter II. Bodily Security

940.30. False imprisonment


Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.


Chapter 13. Official Misconduct Regarding Confidential Information and Speculation

Updated:6/4/2013 10:03 AM
Tags:National Commission


OFFICIAL MISCONDUCT REGARDING CONFIDENTIAL INFORMATION AND SPECULATION

 

§1371. Disclosure of Confidential Information Provided to Government.

 


A person is guilty of a Class A misdemeanor if, in knowing violation of a duty imposed on him as a federal public servant, discloses any confidential information which he has acquired as a federal public servant. "Confidential information" means information made available to the United States government under a  governmental assurance of confidence.

 

§1372. Speculating or Wagering on Official Action or Information.

 

(1) Speculating During and After Employment. A person is guilty  of a Class A misdemeanor if during employment as a federal public servant, or within one year thereafter, in contemplation of  official action by himself as a federal public servant or by an agency of the United States with which he is or has been associated as a federal public servant, or in reliance on information to which he has or had access only in his capacity as a federal public servant, he:

(a) acquires a pecuniary interest in any property, transaction  or enterprise which maybe affected by such information official action;

(b) speculates or wagers on the basis of such information or official action; or

(c) aids another to do any of the foregoing.

(2) Taking Official Action After Speculation. A person is guilty of a Class A misdemeanor if as a federal public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction or enterprise, or of a speculation or wager, which he made, or caused or aided another to make, in contemplation of such official action.



Chapter 28. Malfeasance and Misfeasance in Office

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 28. Malfeasance and Misfeasance in Office

 

 

§ 11-28-1. Failure to pay state funds into treasury

 


Every officer or other person receiving or having in his or her hands money belonging to the state that should be paid into the state treasury, shall pay that money to the general treasurer within seven (7) business days after he or she shall receive it or at any other times that may be deemed necessary by the general treasurer. In the case of funds which have been received by the state court system, he or she shall pay at any other times that may be initially approved by the director of finance of the supreme court and then approved by the general treasurer or unless otherwise provided by law. Every person who shall, without just cause, neglect or refuse to pay over that money, shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding five (5) years.


CREDIT(S)


P.L. 1896, ch. 29, § 20; P.L. 1987, ch. 137, § 1; P.L. 1990, ch. 418, § 1.


Codifications: G.L. 1909, ch. 39, § 20; G.L. 1923, ch. 37, § 16; G.L. 1938, ch. 605, § 26.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 28. Malfeasance and Misfeasance in Office

 

 

§ 11-28-2. Failure of officer to pay over fines, forfeitures, or penalties

 


Every officer who shall receive any fines, forfeitures, or penalties shall immediately pay them into the proper office where by law they ought to be paid. Every judicial, executive, or ministerial officer who shall refuse or neglect for three (3) months to pay over any fine, forfeiture, or penalty or any part of which that may have come to his or her hands to the proper officer to whom by law they should be paid or delivered, shall be fined three (3) times the value or amount of the fine, forfeiture, or penalty that was withheld or not paid over.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 22; G.L. 1909, ch. 342, § 22; G.L. 1923, ch. 394, § 22; G.L. 1938, ch. 605, § 22.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 28. Malfeasance and Misfeasance in Office

 

 

§ 11-28-3. Failure of presiding officer or clerk of municipal governing body to perform duties

 


The presiding officer of any city council or town council who shall refuse or neglect, when acting as the presiding officer, to put to a vote of the body over which he or she presides any appeal made by a member of the body from any ruling of the presiding officer, or who, when the appeal has been sustained, shall refuse or willfully neglect to put to the body the question which caused the appeal to be made, and any clerk or recording officer of any body who shall refuse or neglect to record in full the proceedings of any body of which he or she may be clerk as described in this section, shall be fined for each neglect or refusal not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), and be disqualified for the term of five (5) years from holding the office of the presiding officer or the office by virtue of which he is the presiding officer.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 19; G.L. 1909, ch. 342, § 19; G.L. 1923, ch. 394, § 19; G.L. 1938, ch. 605, § 19.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 28. Malfeasance and Misfeasance in Office

 

 

§ 11-28-4. Omission or delay of duty by sheriff, sergeant, or constable

 


A deputy sheriff, town sergeant, city sergeant or constable, who shall receive from any defendant or any other person any money or other valuable thing as a consideration, reward, or inducement for omitting or delaying to perform any duty pertaining to his or her office, shall be imprisoned not exceeding six (6) months or be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 2012, ch. 324, § 35, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 276, § 21; G.L. 1909, ch. 342, § 21; G.L. 1923, ch. 394, § 21; G.L. 1938, ch. 605, § 21.



Current through chapter 491 of the January 2012 session


Chapter 39. Abuse of Office

Tags:02 TX (8.3%)

V.T.C.A., Penal Code § 39.01

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.01. Definitions


In this chapter:


(1) “Law relating to a public servant's office or employment” means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly:


(A) imposes a duty on the public servant; or


(B) governs the conduct of the public servant.


(2) “Misuse” means to deal with property contrary to:


(A) an agreement under which the public servant holds the property;


(B) a contract of employment or oath of office of a public servant;


(C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or


(D) a limited purpose for which the property is delivered or received.


CREDIT(S)


Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.015

Effective: June 15, 2007


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.015. Concurrent Jurisdiction to Prosecute Offenses Under This Chapter


With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.


CREDIT(S)


Added by Acts 2007, 80th Leg., ch. 378, § 2, eff. June 15, 2007.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.02

Effective: September 1, 2009


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.02. Abuse of Official Capacity


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


(1) violates a law relating to the public servant's office or employment; or


(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.


(b) An offense under Subsection (a)(1) is a Class A misdemeanor.


(c) An offense under Subsection (a)(2) is:


(1) a Class C misdemeanor if the value of the use of the thing misused is less than $20;


(2) a Class B misdemeanor if the value of the use of the thing misused is $20 or more but less than $500 ;


(3) a Class A misdemeanor if the value of the use of the thing misused is $500 or more but less than $1,500;


(4) a state jail felony if the value of the use of the thing misused is $1,500 or more but less than $20,000;


(5) a felony of the third degree if the value of the use of the thing misused is $20,000 or more but less than $100,000;


(6) a felony of the second degree if the value of the use of the thing misused is $100,000 or more but less than $200,000; or


(7) a felony of the first degree if the value of the use of the thing misused is $200,000 or more.


(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.


(e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.


(f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:


(1) the fair market value of the thing at the time of the offense; or


(2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, § 7, eff. Sept. 1, 1983. Renumbered from V.T.C.A., Penal Code § 39.01 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 82, § 1, eff. Sept. 1, 2009.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.021

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§§ 39.021, 39.022. Renumbered as V.T.C.A., Penal Code §§ 39.04, 39.05 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.022

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§§ 39.021, 39.022. Renumbered as V.T.C.A., Penal Code §§ 39.04, 39.05 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.03

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.03. Official Oppression


(a) A public servant acting under color of his office or employment commits an offense if he:


(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;


(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or


(3) intentionally subjects another to sexual harassment.


(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.


(c) In this section, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.


(d) An offense under this section is a Class A misdemeanor.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.04

Effective: September 1, 2009


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.04. Violations of the Civil Rights of Person in Custody; Improper Sexual Activity With Person in Custody


(a) An official of a correctional facility, an employee of a correctional facility, a person other than an employee who works for compensation at a correctional facility, a volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:


(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or


(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Youth Commission, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.


(b) An offense under Subsection (a)(1) is a Class A misdemeanor. An offense under Subsection (a)(2) is a state jail felony, except that an offense under Subsection (a)(2) is a felony of the second degree if the offense is committed against:


(1) an individual in the custody of the Texas Youth Commission; or


(2) a juvenile offender detained in or committed to a correctional facility the operation of which is financed primarily with state funds.


(c) This section shall not preclude prosecution for any other offense set out in this code.


(d) The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death.


(e) In this section:


(1) “Correctional facility” means:


(A) any place described by Section 1.07(a)(14); or


(B) a “secure correctional facility” or “secure detention facility” as defined by Section 51.02, Family Code.


(2) “Custody” means the detention, arrest, or confinement of an adult offender or the detention or the commitment of a juvenile offender to a facility operated by or under a contract with the Texas Youth Commission or a facility operated by or under contract with a juvenile board.


(3) “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.


(4) “Sexual conduct” and “performance” have the meanings assigned by Section 43.25.


(5) “Sexual performance” means any performance or part thereof that includes sexual conduct by an individual.


(f) An employee of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department commits an offense if the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the employee knows is under the supervision of the department, commission, or probation department but not in the custody of the department, commission, or probation department.


(g) An offense under Subsection (f) is a state jail felony.


(h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense.


CREDIT(S)


Added by Acts 1979, 66th Leg., p. 1383, ch. 618, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3242, ch. 558, § 8, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 18, § 5, eff. April 15, 1987. Renumbered from V.T.C.A., Penal Code § 39.021 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1406, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 158, §§ 1 to 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1070, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1297, § 69, eff. Sept. 1, 2001; Acts 2007, 80th Leg., ch. 263, §§ 62, 63, eff. June 8, 2007; Acts 2007, 80th Leg., ch. 378, § 3, eff. June 15, 2007; Acts 2007, 80th Leg., ch. 908, § 43, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 87, § 19.003, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 260, § 5, eff. Sept. 1, 2009.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature




V.T.C.A., Penal Code § 39.05

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.05. Failure to Report Death of Prisoner


(a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.


(b) A person commits an offense if the person is required by Section 501.055, Government Code, to:


(1) give notice of the death of an inmate and the person fails to give the notice; or


(2) conduct an investigation and file a report and the person:


(A) fails to conduct the investigation or file the report; or


(B) fails to include in the report facts known to the person or discovered by the person in the investigation.


(c) An offense under this section is a Class B misdemeanor.


CREDIT(S)


Added by Acts 1983, 68th Leg., p. 2510, ch. 441, § 2, eff. Sept. 1, 1983. Renumbered from V.T.C.A., Penal Code § 39.022 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 321, § 1.104, eff. Sept. 1, 1995.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 39.06

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 8. Offenses Against Public Administration

Chapter 39. Abuse of Office (Refs & Annos)

§ 39.06. Misuse of Official Information


(a) A public servant commits an offense if, in reliance on information to which he has access by virtue of his office or employment and that has not been made public, he:


(1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;


(2) speculates or aids another to speculate on the basis of the information; or


(3) as a public servant, including as a principal of a school, coerces another into suppressing or failing to report that information to a law enforcement agency.


(b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:


(1) he has access to by means of his office or employment; and


(2) has not been made public.


(c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:


(1) the public servant has access to by means of his office or employment; and


(2) has not been made public.


(d) In this section, “information that has not been made public” means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.


(e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree.


(f) An offense under Subsection (a)(3) is a Class C misdemeanor.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, § 9, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 30, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, § 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 927, § 1, eff. Aug. 28, 1989. Renumbered from V.T.C.A., Penal Code § 39.03 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 76, § 14.52, eff. Sept. 1, 1995.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



§ 61-5-28. Failure to perform official duties; penalty

Tags:38 WV (0.6%)

W. Va. Code, § 61-5-28


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 5. Crimes Against Public Justice

§ 61-5-28. Failure to perform official duties; penalty


Any person holding any office or appointment in this State, who shall wilfully fail or refuse to perform any duty required of him by law, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, if no other punishment be prescribed by law therefor, be fined not exceeding one hundred dollars.


CREDIT(S)


Formerly Code 1868, c. 147, § 31; Code 1923, c. 147, § 31.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 16. Nepotism (Refs & Annos)

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 481

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 481. Employment of relatives unlawful, when


A. It shall be unlawful for any executive, legislative, ministerial or judicial officer to appoint or vote for the appointment of any person related to him by affinity or consanguinity within the third degree, to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer is a member, when the salary, wages, pay or compensation of such appointee is to be paid out of the public funds or fees of such office. Provided, however, that for the purposes of this chapter, a divorce of husband and wife shall terminate all relationship by affinity that existed by reason of the marriage, regardless of whether the marriage has resulted in issue who are still living.


B. The provisions of this section shall not apply to any situation covered by Section 5-113 of Title 70 of the Oklahoma Statutes.


CREDIT(S)


R.L.1910, § 2235; Laws 1953, p. 95, § 1; Laws 2001, c. 29, § 1, eff. Nov. 1, 2001.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 482

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 482. Unlawful to pay salary to ineligible persons


It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in the preceding section, [FN1] to draw or authorize the drawing of any warrant or authority for the payment out of any public fund, of the salary, wages, pay or compensation of any such ineligible person, and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of any public funds in his custody or under his control the salary, wages, pay or compensation of any such ineligible person.


CREDIT(S)


R.L.1910, § 2236.


[FN1] Title 21, § 481.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 483

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 483. Appointment of one related to another officer


It shall be unlawful for any executive, legislative, ministerial, or judicial officer to appoint and furnish employment for any person whose services are to be rendered under his direction and control and paid for out of the public funds, and who is related by either blood or marriage within the third degree to any other executive, legislative, ministerial or judicial officer when such appointment is made in part consideration that such other officer shall appoint and furnish employment to any one so related to the officer making such appointment.


CREDIT(S)


R.L.1910, § 2237.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 484

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 484. Relatives cannot hold office, when


Any person related within the third degree by affinity or consanguinity to any elected member of the legislative, judicial or executive branch of the state government shall not be eligible to hold any clerkship, office, position, employment or duty for which compensation is received in the same agency as such elected member of the state government.


CREDIT(S)


R.L.1910, § 2238; Laws 1988, c. 303, § 37, emerg. eff. July 1, 1988.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 484.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 484.1. Applicability


The provisions of Sections 481 through 484 of Title 21 of the Oklahoma Statutes shall not apply to any situation covered by Sections 5-113 and 5-113.1 of Title 70 of the Oklahoma Statutes.


CREDIT(S)


Laws 2009, c. 253, § 3, eff. July 1, 2009.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 485

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 485. Penalty


Any executive, legislative, ministerial or judicial officer who shall violate any provision of this article, [FN1] shall be deemed guilty of a misdemeanor involving official misconduct, and shall be punished by a fine of not less than One Hundred ($100.00) or more than One Thousand Dollars ($1,000.00), and shall forfeit his office.


CREDIT(S)


R.L.1910, § 2239.


[FN1] R.L.1910, c. 23, art. 14; now, Title 21, § 481 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 486

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 486. Removal from office for violation of article


Every person guilty of violating the provisions of this article, [FN1] shall, independently of, or in addition to any criminal prosecution that may be instituted, be removed from office according to the mode of trial and removal prescribed in the Constitution and laws of this state.


CREDIT(S)


R.L.1910, § 2240.


[FN1] R.L.1910, c. 23, art. 14; now, Title 21, § 481 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 486.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 486.1. Exemption of employees already in service of district from certain nepotism provisions


Upon the election of a board member of a rural water, sewer, gas and solid waste management district created pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act, the provisions of Sections 481 through 487 of Title 21 of the Oklahoma Statutes shall not prohibit any employee already in the service of such rural water, sewer, gas and solid waste management district from continuing in such service or from promotion therein. Provided, however, the board member related to the employee shall excuse himself from the board meeting during any discussion of or action taken on any matter that could affect the employment or compensation for employment of such employee.


CREDIT(S)


Laws 1997, c. 172, § 3, emerg. eff. May 7, 1997.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 487

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 16. Nepotism (Refs & Annos)

§ 487. Officers affected


Under the designation executive, legislative, ministerial or judicial officer as mentioned herein are included the Governor, Lieutenant Governor, Speaker of the House of Representatives, Corporation Commissioners, all the heads of the departments of the state government, judges of all the courts of this state, mayors, clerks, councilmen, trustees, commissioners and other officers of all incorporated cities and towns, public school trustees, officers and boards of managers of the state university and its several branches, state normals, the penitentiaries and eleemosynary institutions, members of the commissioners court, and all other officials of the state, district, county, cities or other municipal subdivisions of the state.


CREDIT(S)


R.L.1910, § 2241.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 47. Legislative Power

Tags:39 ID (0.5%)

I.C. § 18-4701


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4701. Alteration of bills


Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of [a] felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4702


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4702. Alteration of enrolled copies


Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of [a] felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4703


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4703. Offering bribes to legislators


Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is guilty of a felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4704


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4704. Legislators receiving bribes


Every member of either of the houses composing the legislature of this state who asks, receives or agrees to receive, any bribe, upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give, any official vote in consideration that another member of the legislature shall give any such vote either upon the same or another question, is guilty of a felony.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4705


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4705. Refusal to testify before legislature


Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before either house of the legislature or any committee thereof, wilfully refuses to be sworn or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers or documents in his possession or under his control, is guilty of a misdemeanor.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4706


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4706. Disqualification to hold office on conviction


Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-4707


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4707. Repealed



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013


Chapter 8. Offenses Against the Administration of Government

Tags:34 UT (0.9.%)

U.C.A. 1953 § 76-8-201


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-201. Official misconduct--Unauthorized acts or failure of duty


A public servant is guilty of a class B misdemeanor if, with an intent to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.


CREDIT(S)


Laws 1973, c. 196, § 76-8-201.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-8-202


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-202. Official misconduct--Unlawful acts based on “inside” information


A public servant is guilty of a class A misdemeanor if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, which information has not been made public, he:


(1) acquires or divests himself of a pecuniary interest in any property, transaction, or enterprise which may be affected by such action or information;


(2) speculates or wagers on the basis of such action or information; or


(3) knowingly aids another to do any of the foregoing.


CREDIT(S)


Laws 1973, c. 196, § 202; Laws 1991, c. 241, § 98.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-8-203


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-203. Unofficial misconduct


(1) A person is guilty of unofficial misconduct if the person exercises or attempts to exercise any of the functions of a public office when the person:


(a) has not taken and filed the required oath of office;


(b) has failed to execute and file a required bond;


(c) has not been elected or appointed to office;


(d) exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or


(e) knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.


(2) Unofficial misconduct is a class B misdemeanor.


CREDIT(S)


Laws 1973, c. 196, § 76-8-203; Laws 1996, c. 79, § 101, eff. April 29, 1996; Laws 2011, c. 336, § 11, eff. May 10, 2011.



Current through 2012 Fourth Special Session.


Chapter 9A.42. Criminal Mistreatment  9A.42.005. Findings and intent--Christian Science treatment--Rules of evidence

Tags:13 WA (2.2%)


Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.005. Findings and intent--Christian Science treatment--Rules of evidence



The legislature finds that there is a significant need to protect children and dependent persons, including frail elder and vulnerable adults, from abuse and neglect by their parents, by persons entrusted with their physical custody, or by persons employed to provide them with the basic necessities of life. The legislature further finds that such abuse and neglect often takes the forms of either withholding from them the basic necessities of life, including food, water, shelter, clothing, and health care, or abandoning them, or both. Therefore, it is the intent of the legislature that criminal penalties be imposed on those guilty of such abuse or neglect. It is the intent of the legislature that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned. Prosecutions under this chapter shall be consistent with the rules of evidence, including hearsay, under law.



CREDIT(S)

[1997 c 392 § 507.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.010



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.010. Definitions



As used in this chapter:



(1) “Basic necessities of life” means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.



(2)(a) “Bodily injury” means physical pain or injury, illness, or an impairment of physical condition;



(b) “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;



(c) “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.



(3) “Child” means a person under eighteen years of age.



(4) “Dependent person” means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in *RCW 74.34.020(13), is presumed to be a dependent person for purposes of this chapter.



(5) “Employed” means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be “employed” regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.



(6) “Parent” has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.



(7) “Abandons” means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.



(8) “Good samaritan” means any individual or group of individuals who: (a) Is not related to the dependent person; (b) voluntarily provides assistance or services of any type to the dependent person; (c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate; and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.



CREDIT(S)

[2006 c 228 § 1, eff. June 7, 2006; 1997 c 392 § 508; 1996 c 302 § 1; 1986 c 250 § 1.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.020



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.020. Criminal mistreatment in the first degree



(1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she recklessly, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.



(2) Criminal mistreatment in the first degree is a class B felony.



CREDIT(S)

[2006 c 228 § 2, eff. June 7, 2006; 1997 c 392 § 510; 1986 c 250 § 2.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.030



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.030. Criminal mistreatment in the second degree



(1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she recklessly, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.



(2) Criminal mistreatment in the second degree is a class C felony.



CREDIT(S)

[2006 c 228 § 3, eff. June 7, 2006; 1997 c 392 § 511; 1986 c 250 § 3.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.035



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.035. Criminal mistreatment in the third degree



(1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:



(a) With criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life; or



(b) With criminal negligence, causes substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.



(2) For purposes of this section, “a person who has assumed the responsibility to provide to a dependent person the basic necessities of life” means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.



(3) Criminal mistreatment in the third degree is a gross misdemeanor.



CREDIT(S)

[2006 c 228 § 4, eff. June 7, 2006; 2000 c 76 § 1.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.037



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.037. Criminal mistreatment in the fourth degree



(1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:



(a) With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or



(b) With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.



(2) For purposes of this section, “a person who has assumed the responsibility to provide to a dependent person the basic necessities of life” means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.



(3) Criminal mistreatment in the fourth degree is a misdemeanor.



CREDIT(S)

[2006 c 228 § 5, eff. June 7, 2006; 2002 c 219 § 2.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.039



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.039. Arresting officer, notification by



(1) When a law enforcement officer arrests a person for criminal mistreatment of a child, the officer must notify child protective services.



(2) When a law enforcement officer arrests a person for criminal mistreatment of a dependent person other than a child, the officer must notify adult protective services.



CREDIT(S)

[2002 c 219 § 5.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.040



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.040. Withdrawal of life support systems



RCW 9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do not apply to decisions to withdraw life support systems made in accordance with chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person.



CREDIT(S)

[2002 c 219 § 3; 2000 c 76 § 2; 1986 c 250 § 4.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.045



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.045. Palliative care



RCW 9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in chapter 7.70 RCW, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital providing care under the medical direction of a physician. As used in this section, the terms “terminally ill” and “permanently unconscious” have the same meaning as “terminal condition” and “permanent unconscious condition” in chapter 70.122 RCW.



CREDIT(S)

[2002 c 219 § 4; 2000 c 76 § 3; 1997 c 392 § 512.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.050



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.050. Defense of financial inability



In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made.



CREDIT(S)

[1997 c 392 § 509; 1986 c 250 § 5.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.060



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.060. Abandonment of a dependent person in the first degree--Exception



(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the first degree if:



(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life;



(b) The person recklessly abandons the child or other dependent person; and



(c) As a result of being abandoned, the child or other dependent person suffers great bodily harm.



(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.



(3) Abandonment of a dependent person in the first degree is a class B felony.



CREDIT(S)

[2006 c 228 § 6, eff. June 7, 2006; 2002 c 331 § 3; 1996 c 302 § 2.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.070



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.070. Abandonment of a dependent person in the second degree--Exception



(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the second degree if:



(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life; and



(b) The person recklessly abandons the child or other dependent person; and:



(i) As a result of being abandoned, the child or other dependent person suffers substantial bodily harm; or



(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other dependent person will die or suffer great bodily harm.



(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.



(3) Abandonment of a dependent person in the second degree is a class C felony.



CREDIT(S)

[2006 c 228 § 7, eff. June 7, 2006; 2002 c 331 § 4; 1996 c 302 § 3.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.080



Effective: June 7, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.080. Abandonment of a dependent person in the third degree--Exception



(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the third degree if:



(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person any of the basic necessities of life; and



(b) The person recklessly abandons the child or other dependent person; and:



(i) As a result of being abandoned, the child or other dependent person suffers bodily harm; or



(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.



(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.



(3) Abandonment of a dependent person in the third degree is a gross misdemeanor.



CREDIT(S)

[2006 c 228 § 8, eff. June 7, 2006; 2002 c 331 § 5; 1996 c 302 § 4.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.090



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.090. Abandonment of a dependent person--Defense



It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the child or other dependent person, gave reasonable notice of termination of services and the services were not terminated until after the termination date specified in the notice. The notice must be given to the child or dependent person, and to other persons or organizations that have requested notice of termination of services furnished to the child or other dependent person.



The department of social and health services and the department of health shall adopt rules establishing procedures for termination of services to children and other dependent persons.



CREDIT(S)

[1996 c 302 § 5.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.100



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.100. Endangerment with a controlled substance



A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers. Endangerment with a controlled substance is a class B felony.



CREDIT(S)

[2005 c 218 § 4, eff. July 24, 2005; 2002 c 229 § 1.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.42.110



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.42. Criminal Mistreatment

9A.42.110. Leaving a child in the care of a sex offender



(1) A person is guilty of the crime of leaving a child in the care of a sex offender if the person is (a) the parent of a child; (b) entrusted with the physical custody of a child; or (c) employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.



(2) It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.



(3) Leaving a child in the care of a sex offender is a misdemeanor.



CREDIT(S)

[2002 c 170 § 1.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA T. 9A, Ch. 9A.44, Refs & Annos



West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code


Chapter 9A.44. Sex Offenses


Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.010


Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)  22-11-7. Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority

Tags:46 SD (0.3%)

SDCL § 22-11-7

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-7. Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority


It is no defense to a prosecution under § 22-11-6 that the law enforcement officer, firefighter, or emergency medical technician was acting in an illegal manner, if the law enforcement officer, firefighter, or emergency medical technician was acting under the color of authority as defined in § 22-11-5.


CREDIT(S)


Source: SL 1976, ch 158, § 11-3; SL 2005, ch 120, § 198.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10


Chapter 52. Corruption in Public Office

Tags:32 AR (0.9%)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-101. Abuse of public trust


(a) A person commits the offense of abuse of public trust if the person:



(1) Solicits, accepts, or agrees to accept on behalf of any person, political party, or other organization any benefit from another person upon an agreement or understanding that the other person will or may be appointed a public servant or designated or nominated as a candidate for public office;


(2) Offers, confers, or agrees to confer any benefit and the receipt of the benefit is prohibited by this section;


(3) Solicits, accepts, or agrees to accept any benefit as compensation or consideration for having as a public servant given a decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised his or her discretion in favor of another; or


(4) Offers, confers, or agrees to confer any benefit upon a public servant and the receipt of the benefit is prohibited by this section.


(b) It is not a defense to a prosecution under this section that the decision, opinion, recommendation, vote, or use of discretion, except for the benefit, was otherwise proper.


(c) Abuse of public trust is a Class D felony.



CREDIT(S)


Acts of 1975, Act 280, § 2701; Acts of 2005, Act 1994, § 328, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2701.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-102


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§§ 5-52-102, 5-52-103. Repealed by Acts of 2005, Act 1994, § 531, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, § 531, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, §§ 41-2702, 41-2703; Acts of 1975, Act 280, §§ 2702, 2703.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-103


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§§ 5-52-102, 5-52-103. Repealed by Acts of 2005, Act 1994, § 531, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, § 531, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, §§ 41-2702, 41-2703; Acts of 1975, Act 280, §§ 2702, 2703.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-104


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-104. Soliciting unlawful compensation


(a) A person commits the offense of soliciting unlawful compensation if he or she requests a benefit for the performance of an official action as a public servant knowing that he or she is required to perform that action:



(1) Without compensation, other than authorized salary or allowances; or


(2) At a level of compensation lower than that requested.


(b) Soliciting unlawful compensation is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2704.


Formerly A.S.A. 1947, § 41-2704.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-105


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-105. Attempting to influence a public servant


(a) A person commits the offense of attempting to influence a public servant if he or she threatens violence or economic reprisal against any person or uses deceit with the purpose to alter or affect a public servant's decision, vote, opinion, or action concerning any matter which is afterwards to be considered or performed by the public servant or the agency or body of which the public servant is a member.



(b) Attempt to influence a public servant is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2705.


Formerly A.S.A. 1947, § 41-2705.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-106


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-106. Misuse of confidential information


(a) A public servant commits the offense of misuse of confidential information if, in contemplation of official action by himself or herself or a governmental unit with which he or she is associated or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, the public servant:



(1) Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or


(2) Speculates or aids another to speculate on the basis of the information.


(b) Misuse of confidential information is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2706.


Formerly A.S.A. 1947, § 41-2706.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-107


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-107. Abuse of office


(a) A person commits the offense of abuse of office if, being a public servant and with the purpose of benefiting in a pecuniary fashion himself or herself or another person or of harming another person, the person knowingly:



(1) Commits an unauthorized act which purports to be an act of his or her office; or


(2) Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.


(b) Abuse of office is a Class B misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2707.


Formerly A.S.A. 1947, § 41-2707.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-52-108


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 5. Offenses Against the Administration of Government (Chapters 50 to 59)

Chapter 52. Corruption in Public Office

§ 5-52-108. Unlawful solicitation or acceptance of compensation for speeches and appearances


(a) Except for the compensation a member of the General Assembly is entitled to from the State of Arkansas for the performance of his or her duties, no member shall solicit or accept compensation for speeches or other appearances before a group of persons unless the appearance is made as part of the normal course of business in the legislative member's private occupation.



(b) For the purpose of this section, “compensation” means any money or anything of value received or to be received as a claim for services, whether in the form of a retainer, fee, salary, expense, allowance, honorarium, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. “Compensation” does not include payments received for food, lodging, or travel which bears a relationship to a legislative member's office when such member is appearing in an official capacity.


(c) Any person who knowingly or willfully violates this section shall upon conviction be guilty of a Class A misdemeanor.



CREDIT(S)


Acts of 1990, Initiated Act 1, § 8; Acts of 2005, Act 1994, § 221, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.


Chapter 16. Offenses Against Administration of Government

Tags:17 TN (2.1%)

. C. A. § 39-16-401


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-401. Definitions


As used in this part, unless the context otherwise requires:


(1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech;


(2) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and


(3) “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:


(A) An officer, employee, or agent of government;


(B) A juror or grand juror;


(C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;


(D) An attorney at law or notary public when participating in performing a governmental function;


(E) A candidate for nomination or election to public office; or


(F) A person who is performing a governmental function under claim of right although not legally qualified to do so.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-402


Effective: July 1, 2012


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 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)(1) For purposes of subdivision (a)(5), the ways in which a public servant receives a benefit not otherwise authorized by law include, but are not limited to, a public servant who:


(A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or


(B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit.


(2) Ouster provisions shall be instituted upon a conviction under subsection (a) in which the conduct described in subsection (c) is the basis of the violation. In addition any person convicted of such offense shall forever afterward be disqualified from holding any office under the laws or constitution of this state.


(d) 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.


(e)(1) An offense under subsection (a) in which the conduct described in subsection (c) is not the basis of the violation is a Class E felony.


(2) An offense under subsection (a) in which the conduct described in subsection (c) is the basis of the violation is a Class A misdemeanor and the court shall order appropriate restitution to the governmental entity harmed by the offense.


(3) If the defendant's conduct violates this section and other criminal statutes, nothing in this subsection (e) shall be construed as prohibiting prosecution and conviction for theft or any other such applicable offense in addition to or in lieu of prosecution and conviction for a violation of this section.


(f) 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.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 10; 2012 Pub.Acts, c. 966, §§ 1, 2, eff. July 1, 2012.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-403


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-403. Official oppression


(a) A public servant acting under color of office or employment commits an offense who:


(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or


(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.


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


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


(d) Charges for official oppression 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.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 11.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-404


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-404. Insider information; misuse


(a) A public servant commits an offense who, by reason of information to which the public servant has access in the public servant's official capacity and that has not been made public, attains or aids another to attain a benefit.


(b) An offense under this section is a Class B misdemeanor.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-405


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-405. Property sold through court; purchase


(a) A judge, sheriff, court clerk, court officer or employee of any court commits an offense who bids or purchases, directly or indirectly, for personal reasons or for any other person, on any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties.


(b) A bid or purchase in violation of subsection (a) is voidable at the option of the person aggrieved.


(c) An offense under this section is a Class C misdemeanor with no incarceration permitted.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-406


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-406. Sanctions


(a) A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position.


(b) A public servant elected or appointed for a specified term shall be:


(1) Suspended without pay immediately upon conviction in the trial court through the final disposition of the case;


(2) Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and


(3) Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final.


(c) A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority, provided that the authority has been fully informed of the conviction.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-407


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-407. Audits; misrepresentations


(a) A public servant commits an offense who, with intent to deceive, knowingly misrepresents material information related to an audit conducted by an auditor in the department of audit.


(b) A violation of this section is a Class C misdemeanor.


CREDIT(S)


2005 Pub.Acts, c. 135, § 1, eff. July 1, 2005.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-408


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-408. Sexual contact or penetration with a prisoner or inmate by a law enforcement officer, correctional employee, vendor or volunteer; penalty


(a) For purposes of this section, unless the context otherwise requires:


(1) “Law enforcement officer” and “correctional employee” include a person working in that capacity as a private contractor or employee of a private contractor; and


(2) “Volunteer” means any person who, after fulfilling the appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the correctional agency, except for compensation for those expenses incurred directly as a result of the volunteer service.


(b) It is an offense for a law enforcement officer, correctional employee, vendor or volunteer to engage in sexual contact or sexual penetration, as such terms are defined in § 39-13-501, with a prisoner or inmate who is in custody at a penal institution as defined in § 39-16-601, whether the conduct occurs on or off the grounds of the institution.


(c) A violation of this section is a Class E felony.


CREDIT(S)


1997 Pub.Acts, c. 388, § 1; 2006 Pub.Acts, c. 1005, § 2, eff. July 1, 2006.


Formerly § 41-21-241.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-16-409


Effective: July 1, 2012


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 16. Offenses Against Administration of Government (Refs & Annos)

Part 4. Misconduct Involving Public Officials and Employees (Refs & Annos)

§ 39-16-409. Probation and parole officer; sexual contact or penetration


(a) For purposes of this section, unless the context otherwise requires:


(1) “Probation and parole officer” means a probation and parole officer as defined in § 40-28-102; and


(2) “Probationer or parolee” means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the department of correction. For the purpose of this section only, “probationer or parolee” does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage.


(b) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501, whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee.


(c) A violation of this section is a Class E felony.


CREDIT(S)


2008 Pub.Acts, c. 1200, § 1, eff. July 1, 2008; 2012 Pub.Acts, c. 727, § 7, eff. July 1, 2012.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


Chapter 2921. Offenses Against Justice and Public Administration

Tags:07 OH (3.7%)

R.C. § 2921.41


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.41 Theft in office; restitution order against public or party official; withholding from payments by retirement system; procedures


(A) No public official or party official shall commit any theft offense, as defined in division (K) of section 2913.01 of the Revised Code, when either of the following applies:


(1) The offender uses the offender's office in aid of committing the offense or permits or assents to its use in aid of committing the offense;


(2) The property or service involved is owned by this state, any other state, the United States, a county, a municipal corporation, a township, or any political subdivision, department, or agency of any of them, is owned by a political party, or is part of a political campaign fund.


(B) Whoever violates this section is guilty of theft in office. Except as otherwise provided in this division, theft in office is a felony of the fifth degree. If the value of property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft in office is a felony of the fourth degree. If the value of property or services stolen is seven thousand five hundred dollars or more, theft in office is a felony of the third degree.


(C)(1) A public official or party official who pleads guilty to theft in office and whose plea is accepted by the court or a public official or party official against whom a verdict or finding of guilt for committing theft in office is returned is forever disqualified from holding any public office, employment, or position of trust in this state.


(2)(a) A court that imposes sentence for a violation of this section based on conduct described in division (A)(2) of this section shall require the public official or party official who is convicted of or pleads guilty to the offense to make restitution for all of the property or the service that is the subject of the offense, in addition to the term of imprisonment and any fine imposed. A court that imposes sentence for a violation of this section based on conduct described in division (A)(1) of this section and that determines at trial that this state or a political subdivision of this state if the offender is a public official, or a political party in the United States or this state if the offender is a party official, suffered actual loss as a result of the offense shall require the offender to make restitution to the state, political subdivision, or political party for all of the actual loss experienced, in addition to the term of imprisonment and any fine imposed.


(b)(i) In any case in which a sentencing court is required to order restitution under division (C)(2)(a) of this section and in which the offender, at the time of the commission of the offense or at any other time, was a member of the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, or the state highway patrol retirement system; was an electing employee, as defined in section 3305.01 of the Revised Code, participating in an alternative retirement plan provided pursuant to Chapter 3305. of the Revised Code; was a participating employee or continuing member, as defined in section 148.01 of the Revised Code, in a deferred compensation program offered by the Ohio public employees deferred compensation board; was an officer or employee of a municipal corporation who was a participant in a deferred compensation program offered by that municipal corporation; was an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, who was a participant in a deferred compensation program offered by that government unit, or was a participating employee, continuing member, or participant in any deferred compensation program described in this division and a member of a retirement system specified in this division or a retirement system of a municipal corporation, the entity to which restitution is to be made may file a motion with the sentencing court specifying any retirement system, any provider as defined in section 3305.01 of the Revised Code, and any deferred compensation program of which the offender was a member, electing employee, participating employee, continuing member, or participant and requesting the court to issue an order requiring the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, to withhold the amount required as restitution from any payment that is to be made under a pension, annuity, or allowance, under an option in the alternative retirement plan, under a participant account, as defined in section 148.01 of the Revised Code, or under any other type of benefit, other than a survivorship benefit, that has been or is in the future granted to the offender, from any payment of accumulated employee contributions standing to the offender's credit with that retirement system, that provider of the option under the alternative retirement plan, or that deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, and from any payment of any other amounts to be paid to the offender upon the offender's withdrawal of the offender's contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code. A motion described in this division may be filed at any time subsequent to the conviction of the offender or entry of a guilty plea. Upon the filing of the motion, the clerk of the court in which the motion is filed shall notify the offender, the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, in writing, of all of the following: that the motion was filed; that the offender will be granted a hearing on the issuance of the requested order if the offender files a written request for a hearing with the clerk prior to the expiration of thirty days after the offender receives the notice; that, if a hearing is requested, the court will schedule a hearing as soon as possible and notify the offender, any specified retirement system, any specified provider under an alternative retirement plan, and any specified deferred compensation program of the date, time, and place of the hearing; that, if a hearing is conducted, it will be limited only to a consideration of whether the offender can show good cause why the requested order should not be issued; that, if a hearing is conducted, the court will not issue the requested order if the court determines, based on evidence presented at the hearing by the offender, that there is good cause for the requested order not to be issued; that the court will issue the requested order if a hearing is not requested or if a hearing is conducted but the court does not determine, based on evidence presented at the hearing by the offender, that there is good cause for the requested order not to be issued; and that, if the requested order is issued, any retirement system, any provider under an alternative retirement plan, and any deferred compensation program specified in the motion will be required to withhold the amount required as restitution from payments to the offender.


(ii) In any case in which a sentencing court is required to order restitution under division (C)(2)(a) of this section and in which a motion requesting the issuance of a withholding order as described in division (C)(2)(b)(i) of this section is filed, the offender may receive a hearing on the motion by delivering a written request for a hearing to the court prior to the expiration of thirty days after the offender's receipt of the notice provided pursuant to division (C)(2)(b)(i) of this section. If a request for a hearing is made by the offender within the prescribed time, the court shall schedule a hearing as soon as possible after the request is made and shall notify the offender, the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether there is good cause, based on evidence presented by the offender, for the requested order not to be issued. If the court determines, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall deny the motion and shall not issue the requested order. If the offender does not request a hearing within the prescribed time or if the court conducts a hearing but does not determine, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall order the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, to withhold the amount required as restitution under division (C)(2)(a) of this section from any payments to be made under a pension, annuity, or allowance, under a participant account, as defined in section 148.01 of the Revised Code, under an option in the alternative retirement plan, or under any other type of benefit, other than a survivorship benefit, that has been or is in the future granted to the offender, from any payment of accumulated employee contributions standing to the offender's credit with that retirement system, that provider under the alternative retirement plan, or that deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, and from any payment of any other amounts to be paid to the offender upon the offender's withdrawal of the offender's contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code, and to continue the withholding for that purpose, in accordance with the order, out of each payment to be made on or after the date of issuance of the order, until further order of the court. Upon receipt of an order issued under this division, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, a municipal corporation retirement system, the provider under the alternative retirement plan, and the deferred compensation program offered by the Ohio public employees deferred compensation board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code, whichever are applicable, shall withhold the amount required as restitution, in accordance with the order, from any such payments and immediately shall forward the amount withheld to the clerk of the court in which the order was issued for payment to the entity to which restitution is to be made.


(iii) Service of a notice required by division (C)(2)(b)(i) or (ii) of this section shall be effected in the same manner as provided in the Rules of Civil Procedure for the service of process.


(D) Upon the filing of charges against a person under this section, the prosecutor, as defined in section 2935.01 of the Revised Code, who is assigned the case shall send written notice that charges have been filed against that person to the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the provider under an alternative retirement plan, any municipal corporation retirement system in this state, and the deferred compensation program offered by the Ohio public employees deferred compensation board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code. The written notice shall specifically identify the person charged.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 195, eff. 9-30-08; 2000 H 535, eff. 4-1-01; 2000 H 628, eff. 9-21-00; 1999 H 222, eff. 11-2-99; 1996 H 586, eff. 3-31-97; 1995 S 2, eff. 7-1-96; 1992 S 300, eff. 11-5-92; 1984 H 265; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.42


Effective: September 29, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.42 Having an unlawful interest in a public contract


(A) No public official shall knowingly do any of the following:


(1) Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest;


(2) Authorize, or employ the authority or influence of the public official's office to secure the investment of public funds in any share, bond, mortgage, or other security, with respect to which the public official, a member of the public official's family, or any of the public official's business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees;


(3) During the public official's term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder;


(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected;


(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and that involves more than one hundred fifty dollars.


(B) In the absence of bribery or a purpose to defraud, a public official, member of a public official's family, or any of a public official's business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:


(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested;


(2) The shares owned or controlled by that person do not exceed five per cent of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed five per cent of the total indebtedness of the corporation or other organization;


(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person's exact status in connection with the corporation or other organization.


(C) This section does not apply to a public contract in which a public official, member of a public official's family, or one of a public official's business associates has an interest, when all of the following apply:


(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved;


(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved;


(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;


(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official's family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.


(D) Division (A)(4) of this section does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee's office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.


(E) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (A)(1) or (2) of this section is a felony of the fourth degree. Violation of division (A)(3), (4), or (5) of this section is a misdemeanor of the first degree.


(F) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with sections 309.06 and 2921.421 of the Revised Code, for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with sections 733.621 and 2921.421 of the Revised Code, or for a township law director appointed under section 504.15 of the Revised Code to appoint assistants and employees in accordance with sections 504.151 and 2921.421 of the Revised Code.


(G) This section does not apply to a public contract in which a township trustee in a township with a population of five thousand or less in its unincorporated area, a member of the township trustee's family, or one of the township trustee's business associates has an interest, if all of the following apply:


(1) The subject of the public contract is necessary supplies or services for the township and the amount of the contract is less than five thousand dollars per year;


(2) The supplies or services are being furnished to the township as part of a continuing course of dealing established before the township trustee held that office with the township;


(3) The treatment accorded the township is either preferential to or the same as that accorded other customers or clients in similar transactions;


(4) The entire transaction is conducted with full knowledge by the township of the interest of the township trustee, member of the township trustee's family, or the township trustee's business associate.


(H) Any public contract in which a public official, a member of the public official's family, or any of the public official's business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official's family, or any of the public official's business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.


(I) As used in this section:


(1) “Public contract” means any of the following:


(a) The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the state, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the state, any of its political subdivisions, or any agency or instrumentality of either;


(b) A contract for the design, construction, alteration, repair, or maintenance of any public property.


(2) “Chief legal officer” has the same meaning as in section 733.621 of the Revised Code.



CREDIT(S)


(2007 H 119, eff. 9-29-07; 1994 H 150, eff. 6-23-94; 1994 H 285, eff. 3-2-94; 1993 H 152, eff. 7-1-93; 1992 S 359; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.421


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.421 Assistants and employees of prosecutors, law directors, and solicitors


(A) As used in this section:


(1) “Chief legal officer” has the same meaning as in section 733.621 of the Revised Code.


(2) “Political subdivision” means a county, a municipal corporation, or a township that adopts a limited home rule government under Chapter 504. of the Revised Code.


(B) A prosecuting attorney may appoint assistants and employees, except a member of the family of the prosecuting attorney, in accordance with division (B) of section 309.06 of the Revised Code, a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation may appoint assistants and employees, except a member of the family of the chief legal officer or official designated as prosecutor, in accordance with section 733.621 of the Revised Code, and a township law director appointed under section 504.15 of the Revised Code may appoint assistants and employees, except a member of the family of the township law director, in accordance with section 504.151 of the Revised Code, if all of the following apply:


(1) The services to be furnished by the appointee or employee are necessary services for the political subdivision or are authorized by the legislative authority, governing board, or other contracting authority of the political subdivision.


(2) The treatment accorded the political subdivision is either preferential to or the same as that accorded other clients or customers of the appointee or employee in similar transactions, or the legislative authority, governing board, or other contracting authority of the political subdivision, in its sole discretion, determines that the compensation and other terms of appointment or employment of the appointee or employee are fair and reasonable to the political subdivision.


(3) The appointment or employment is made after prior written disclosure to the legislative authority, governing board, or other contracting authority of the political subdivision of the business relationship between the prosecuting attorney, the chief legal officer or official designated as prosecutor in a municipal corporation, or the township law director and the appointee or employee thereof. In the case of a municipal corporation, the disclosure may be made or evidenced in an ordinance, resolution, or other document that does either or both of the following:


(a) Authorizes the furnishing of services as required under division (B)(1) of this section;


(b) Determines that the compensation and other terms of appointment or employment of the appointee or employee are fair and reasonable to the political subdivision as required under division (B)(2) of this section.


(4) The prosecuting attorney, the elected chief legal officer, or the township law director does not receive any distributive share or other portion, in whole or in part, of the earnings of the business associate, partner, or employee paid by the political subdivision to the business associate, partner, or employee for services rendered for the political subdivision.


(C) It is not a violation of this section or of section 102.03 or 2921.42 of the Revised Code for the legislative authority, the governing board, or other contracting authority of a political subdivision to engage the services of any firm that practices the profession of law upon the terms approved by the legislative authority, the governing board, or the contracting authority, or to designate any partner, officer, or employee of that firm as a nonelected public official or employee of the political subdivision, whether the public office or position of employment is created by statute, charter, ordinance, resolution, or other legislative or administrative action.



CREDIT(S)


(1999 H 187, eff. 9-20-99; 1994 H 285, eff. 3-2-94)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.43


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.43 Soliciting or receiving improper compensation


(A) No public servant shall knowingly solicit or accept, and no person shall knowingly promise or give to a public servant, either of the following:


(1) Any compensation, other than as allowed by divisions (G), (H), and (I) of section 102.03 of the Revised Code or other provisions of law, to perform the public servant's official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation;


(2) Additional or greater fees or costs than are allowed by law to perform the public servant's official duties.


(B) No public servant for the public servant's own personal or business use, and no person for the person's own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:


(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency;


(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.


(C) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity shall coerce any contribution in consideration of either of the following:


(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency;


(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.


(D) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.


(E) A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this state for a period of seven years from the date of conviction.


(F) Divisions (A), (B), and (C) of this section do not prohibit a person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity from accepting voluntary contributions.



CREDIT(S)


(2005 S 115, eff. 4-26-05; 2004 H 1 SS, eff. 3-31-05; 1998 S 134, eff. 7-13-98; 1995 S 8, eff. 8-23-95; 1986 H 300, eff. 9-17-86; 1974 S 46; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.431


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.431 Soliciting political contributions from public employees--Repealed



CREDIT(S)


(1995 S 8, eff. 8-23-95; 1976 H 784, eff. 12-6-76)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.44 Dereliction of duty


(A) No law enforcement officer shall negligently do any of the following:


(1) Fail to serve a lawful warrant without delay;


(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer's power to do so alone or with available assistance.


(B) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.


(C) No officer, having charge of a detention facility, shall negligently do any of the following:


(1) Allow the detention facility to become littered or unsanitary;


(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention;


(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;


(4) Allow a prisoner to escape;


(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.


(D) No public official of the state shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the general assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected.


(E) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.


(F) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.


(G) As used in this section, “public servant” includes an officer or employee of a contractor as defined in section 9.08 of the Revised Code.



CREDIT(S)


(2000 S 12, eff. 6-8-00; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.45


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2921. Offenses Against Justice and Public Administration (Refs & Annos)

Peculation and Dereliction

2921.45 Interfering with civil rights


(A) No public servant, under color of his office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.


(B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2921.51


Chapter 839. Offenses by Public Officers and Employees

Tags:04 FL (6.2%)

West's F.S.A. T. XLVI, Ch. 839, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.01

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.01. Repealed by Laws 1986, c. 86-119, § 15, eff. Oct. 1, 1986


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.02

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.02. Repealed by Laws 1986, c. 86-119, § 15, eff. Oct. 1, 1986


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.021

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.021. Repealed by Laws 1986, c. 86-119, § 15, eff. Oct. 1, 1986


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.03

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.03. Repealed by Laws 1957, c. 57-349, § 9


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.04

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.04. County officers not to speculate in county warrants or certificates


Any county court judge, clerk of the circuit court, sheriff, tax collector, property appraiser or their deputies, county commissioner, school board members, superintendent of schools, or any other county officer who buys up at a discount, or in any manner, directly or indirectly, speculates in jurors' or witnesses' certificates or in any warrants drawn upon the county treasurer for the payment of money out of any public fund of this state or of any county, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and shall be removed from office.


CREDIT(S)



Laws 1883, c. 3419, §§ 1, 2; Rev.St.1892, § 2558; Gen.St.1906, § 3465; Rev.Gen.St.1920, § 5334; Comp.Gen.Laws 1927, § 7467; Laws 1969, c. 69-300, § 1; Laws 1971, c. 71-136, § 1014; Laws 1973, c. 73-334, § 32; Laws 1977, c. 77-102, § 1.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.05

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.05. Municipal officers not to speculate in municipal scrip


Any mayor, marshal, treasurer, clerk, tax collector or other officer of any incorporated city or town, or any deputy of such officer, who buys up at a discount, or in any manner, directly or indirectly, speculates in any scrip or other evidence of indebtedness issued by the municipal corporation of which she or he is an officer, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and shall be removed from office.


CREDIT(S)



Laws 1883, c. 3464, §§ 1, 2; Rev.St.1892, § 2559; Gen.St.1906, § 3466; Rev.Gen.St.1920, § 5335; Comp.Gen.Laws 1927, § 7468; Laws 1971, c. 71-136, § 1015; Laws 1977, c. 77-104, § 242. Amended by Laws 1997, c. 97-102, § 1318, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.06

Effective: June 26, 2003


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.06. Collectors not to deal in warrants, etc.; removal


No tax collector of any county shall, either directly or indirectly, purchase or receive in exchange any Chief Financial Officer's or the former Comptroller's warrants, county orders, jurors' certificates or school district orders for a less amount than expressed on the face of such orders or demand, and any such person so offending shall, for each offense, be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083, and be removed from office.


CREDIT(S)



Laws 1891, c. 4010; Laws 1895, c. 4322, § 40; Gen.St.1906, § 3467; Laws 1907, c. 5596, § 39; Rev.Gen.St.1920, § 5336; Comp.Gen.Laws 1927, § 7469; Laws 1971, c. 71-136, § 1016. Amended by Laws 2003, c. 2003-261, § 1912, eff. June 26, 2003.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.07

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.07. Repealed by Laws 1979, c. 79-163, § 8, eff. Aug. 5, 1979


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.08

Effective: January 1, 2001


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.08. Repealed by Laws 2000, c. 2000-243, § 9, eff. January 1, 2001


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.09

Effective: January 1, 2001


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.09. Repealed by Laws 2000, c. 2000-243, § 9, eff. January 1, 2001


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.091

Effective: January 1, 2001


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.091. Repealed by Laws 2000, c. 2000-243, § 9, eff. January 1, 2001


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.10

Effective: January 1, 2001


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.10. Repealed by Laws 2000, c. 2000-243, § 9, eff. January 1, 2001


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.11

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.11. Extortion by officers of the state


Any officer of this state who willfully charges, receives, or collects any greater fees or services than the officer is entitled to charge, receive, or collect by law is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Rev.St.1892, § 2569; Gen.St.1906, § 3481; Rev.Gen.St.1920, § 5354; Comp.Gen.Laws 1927, § 7489; Laws 1971, c. 71-136, § 1021; Laws 1979, c. 79-132, § 1; Laws 1979, c. 79-163, § 9. Amended by Laws 1997, c. 97-102, § 1322, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.12

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.12. Officer failing to keep record of costs


If any clerk of a court, sheriff, or county court judge neglects or refuses to keep a record book of the costs which she or he charges, she or he shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Such record book shall be prima facie evidence in the courts of the amounts charged therein, in all cases in which any such officer is prosecuted for charging more costs than are allowed by law.


CREDIT(S)



Laws 1881, c. 3252, §§ 3, 4; Rev.St.1892, § 2570; Gen.St.1906, § 3482; Rev.Gen.St.1920, § 5355; Comp.Gen.Laws 1927, § 7490; Laws 1971, c. 71-136, § 1022; Laws 1973, c. 73-334, § 32. Amended by Laws 1997, c. 97-102, § 1323, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.13

Effective: July 1, 2007


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.13. Falsifying records


(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


(2)(a) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, which act has the potential to detrimentally affect the health, safety, or welfare of that individual, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term “care and custody” includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415.


(b) Any person who commits a violation of paragraph (a) which contributes to great bodily harm to or the death of an individual in the care and custody of a state agency commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term “care and custody” includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415.


(c) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards records of the Department of Children and Family Services or its contract provider with the intent to conceal a fact material to a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Nothing in this paragraph prohibits prosecution for a violation of paragraph (a) or paragraph (b) involving records described in this paragraph.


(d) This section does not prohibit the disposing or archiving of records as otherwise provided by law. In addition, this section does not prohibit any person from correcting or updating records.


(3) In any prosecution under this section, it shall not be necessary to prove the ownership or value of any paper or instrument involved.


CREDIT(S)


Act Feb. 10, 1832, § 19; Rev.St.1892, § 2571; Gen.St.1906, § 3483; Rev.Gen.St.1920, § 5357; Comp.Gen.Laws 1927, § 7492; Laws 1971, c. 71-136, § 1023. Amended by Laws 2002, c. 2002-386, § 1, eff. May 15, 2002; Laws 2007, c. 2007-174, § 2, eff. July 1, 2007.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.14

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.14. Officer withholding records from successor


If any officer, after the expiration of the time for which she or he may have been appointed or elected, or in case of death, her or his executors and administrators, or the person in possession thereof, shall willfully and unlawfully withhold or detain from her or his successors the records, papers, documents, or other writings appertaining and belonging to her or his office, or mutilate, destroy, take away, or otherwise prevent the complete possession by her or his successors of said records, documents, papers, or other writings, she or he shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Act Feb. 10, 1832, § 21; Rev.St.1892, § 2572; Gen.St.1906, § 3485; Rev.Gen.St.1920, § 5360; Comp.Gen.Laws 1927, § 7495; Laws 1971, c. 71-136, § 1024. Amended by Laws 1997, c. 97-102, § 1324, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.15

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.15. Judicial officer withholding records


Any justice of the Supreme Court or judge of the circuit court who, upon resignation or on being impeached, fails to file all papers and records in her or his possession belonging to her or his court with the proper clerk shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1877, c. 3007, § 3; Rev.St.1892, § 2573; Gen.St.1906, § 3486; Rev.Gen.St.1920, § 5361; Comp.Gen.Laws 1927, § 7496; Laws 1971, c. 71-136, § 1025; Laws 1973, c. 73-334, § 32. Amended by Laws 1997, c. 97-102, § 1325, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.16

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.16. Fraud of clerk in drawing jury


If the clerk of any court shall be guilty of any fraud, either by practicing on a jury box previous to a draft, or in drawing a juror, or in returning into the box any juror which had been lawfully drawn out and drawing or substituting another in her or his stead, or in any other way in the drawing of jurors, the clerk shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.


CREDIT(S)



Laws 1868, c. 1628, § 30; Rev.St.1892, § 2575; Gen.St.1906, § 3491; Rev.Gen.St.1920, § 5371; Comp.Gen.Laws 1927, § 7505; Laws 1971, c. 71-136, § 1026. Amended by Laws 1997, c. 97-102, § 1326, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.17

Effective: October 1, 2004


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.17. Misappropriation of moneys by commissioners to make sales


Any commissioner or general or special magistrate, having received the purchase money or the securities resulting from any of the sales authorized by law, who shall fail to deliver such moneys and securities, or either of them, to the executor or administrator, or the person entitled to receive the same, upon the order of the court, unless she or he is rendered unable to do so by some cause not attributable to her or his own default or neglect, shall be fined in a sum equal to the amount received from the purchaser, and commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


CREDIT(S)



Laws 1868, c. 1628, § 30; Rev.St.1892, § 2576; Gen.St.1906, § 3492; Rev.Gen.St.1920, § 5372; Comp.Gen.Laws 1927, § 7506; Laws 1971, c. 71-136, § 1027. Amended by Laws 1997, c. 97-102, § 1327, eff. July 1, 1997; Laws 2004, c. 2004-11, § 100, eff. Oct. 1, 2004.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.18

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.18. Penalty for officer assuming to act before qualification


Whoever being elected, or appointed, to any office assumes to perform any of the duties thereof before qualification, according to law, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Rev.St.1892, § 2737; Gen.St.1906, § 3732; Rev.Gen.St.1920, § 5757; Comp.Gen.Laws 1927, § 7987; Laws 1971, c. 71-136, § 1028.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.19

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.19. Failure to execute process generally


Any sheriff or other officer authorized to execute process, who willfully or corruptly refuses or neglects to execute and return, according to law, any process delivered to him or her, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Rev.St.1892, § 2577; Gen.St.1906, § 3497; Rev.Gen.St.1920, § 5382; Comp.Gen.Laws 1927, § 7521; Laws 1971, 71-136, § 1029. Amended by Laws 1997, c. 97-102, § 1328, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.20

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.20. Refusal to execute criminal process


If any officer authorized to serve process, willfully and corruptly refuses to execute any lawful process to him or her directed and requiring him or her to apprehend and confine any person convicted or charged with an offense, or willfully and corruptly omits or delays to execute such process, whereby such person escapes and goes at large, the officer shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1868, c. 1637, subc. 6, § 15; Rev.St.1892, § 2578; Gen.St.1906, § 3498; Rev.Gen.St.1920, § 5383; Comp.Gen.Laws 1927, § 7522; Laws 1971, c. 71-136, § 1030. Amended by Laws 1997, c. 97-102, § 1329, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.21

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.21. Refusal to receive prisoner


Any jailer or other officer, who willfully refuses to receive into the jail or into her or his custody a prisoner lawfully directed to be committed thereto on a criminal charge or conviction, or any lawful process whatever, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1868, c. 1637, subc. 6, § 14; Rev.St.1892, § 2579; Gen.St.1906, § 3499; Rev.Gen.St.1920, § 5384; Comp.Gen.Laws 1927, § 7523; Laws 1971, c. 71-136, § 1031. Amended by Laws 1997, c. 97-102, § 1330, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.22

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.22. Omitted by Laws 1949, c. 25035, § 11


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.221

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.221. Repealed by Laws 1974, c. 74-100, § 7


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.23

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.23. Officer taking insufficient bail


An official who takes bail which the official knows is not sufficient, accepts a surety she or he knows does not have the qualifications required by law, or accepts as a surety a professional bond agent who is not registered with the clerk of the circuit court and qualified to act as surety shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. An official convicted of violating this section may be removed from office by the Governor.


CREDIT(S)



Laws 1939, c. 19554, § 78; Comp.Gen.Laws Supp.1940, § 8663(78); Fla.St.1969, § 903.35; Laws 1970, c. 70-339, § 175; Laws 1971, c. 71-136, § 1032. Amended by Laws 1997, c. 97-102, § 1331, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.24

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.24. Penalty for failure to perform duty required of officer


A sheriff, county court judge, prosecuting officer, court reporter, stenographer, interpreter, or other officer required to perform any duty under the criminal procedure law who willfully fails to perform his or her duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1939, c. 19554, § 317; Comp.Gen.Laws Supp.1940, § 8663(330); Fla.St.1969, § 925.01; Laws 1970, c. 70-339, § 176; Laws 1971, c. 71-136, § 1033; Laws 1973, c. 73-334, § 32; Laws 1977, c. 77-119, § 1. Amended by Laws 1997, c. 97-102, § 1332, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.25

Effective: October 1, 2003


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.25. Repealed by Laws 2003, c. 2003-158, § 5, eff. Oct. 1, 2003


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 839.26

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 839. Offenses by Public Officers and Employees (Refs & Annos)

839.26. Misuse of confidential information


Any public servant who, in contemplation of official action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his official capacity and which has not been made public, commits any of the following acts:


(1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benefit which may be affected by such information or official action;


(2) Speculation or wagering on the basis of such information or action; or


(3) Aiding another to do any of the foregoing,


shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)


Laws 1974, c. 74-383, § 63; Fla.St.1974, Supp. § 838.041; Laws 1975, c. 75-298, § 39; Laws 1991, c. 91-224, § 208. Amended by Laws 1997, c. 97-102, § 1334, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013


Chapter 40. Of the Consolidated Laws

Tags:03 NY (6.2%)

McKinney's Penal Law § 195.00

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.00 Official misconduct

A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or

2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

Official misconduct is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1990, c. 906, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.05

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.05 Obstructing governmental administration in the second degree

A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor's intent that the animal obstruct governmental administration.

Obstructing governmental administration is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1984, c. 956, § 1; L.1998, c. 269, § 2, eff. Nov. 1, 1998.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.06

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.06 Killing or injuring a police animal

A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.

Killing or injuring a police animal is a class A misdemeanor.

CREDIT(S)

(Added L.1986, c. 42, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.07

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.07 Obstructing governmental administration in the first degree

A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person.

Obstructing governmental administration in the first degree is a class E felony.

CREDIT(S)

(Added L.1984, c. 956, § 2.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.08

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.08 Obstructing governmental administration by means of a self-defense spray device

A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.

Obstructing governmental administration by means of a self-defense spray device is a class D felony.

CREDIT(S)

(Added L.1996, c. 354, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.10

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.10 Refusing to aid a peace or a police officer

A person is guilty of refusing to aid a peace or a police officer when, upon command by a peace or a police officer identifiable or identified to him as such, he unreasonably fails or refuses to aid such peace or a police officer in effecting an arrest, or in preventing the commission by another person of any offense.

Refusing to aid a peace or a police officer is a class B misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1980, c. 843, § 40.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.11

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.11 Harming an animal trained to aid a person with a disability in the second degree

A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.

For purposes of this section and section 195.12 of this article, the term “disability” means “disability” as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

CREDIT(S)

(Added L.1989, c. 344, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.12

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.12 Harming an animal trained to aid a person with a disability in the first degree

A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:

1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or

2. intentionally kills such animal while it is in the performance of aiding a person with a disability.

Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

CREDIT(S)

(Added L.1989, c. 344, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.15

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.15 Obstructing firefighting operations

A person is guilty of obstructing firefighting operations when he intentionally and unreasonably obstructs the efforts of any:

1. fireman in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; or

2. fireman, police officer or peace officer in performing his duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases.

Obstructing firefighting operations is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1969, c. 314, § 1; L.1981, c. 731, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.16

Effective: November 1, 2003

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.16 Obstructing emergency medical services

A person is guilty of obstructing emergency medical services when he or she intentionally and unreasonably obstructs the efforts of any service, technician, personnel, system or unit specified in section three thousand one of the public health law in the performance of their duties.

Obstructing emergency medical services is a class A misdemeanor.

CREDIT(S)

(Added L.2003, c. 600, § 1, eff. Nov. 1, 2003.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.17

Effective: November 1, 2011

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.17 Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance

A person is guilty of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance when he or she, in furtherance of a felony offense, knowingly and unlawfully installs or causes to be installed a bomb, destructive device, explosive, or hazardous substance, in any object, place, or compartment that is subject to a search so as to obstruct, prevent, hinder or delay the administration of law or performance of a government function.

Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance is a class D felony.

CREDIT(S)

(Added L.2011, c. 327, § 1, eff. Nov. 1, 2011.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 195.20

Effective: February 12, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title L. Offenses Against Public Administration

Article 195. Official Misconduct and Obstruction of Public Servants Generally

§ 195.20 Defrauding the government

A person is guilty of defrauding the government when, being a public servant or party officer, he or she:

(a) engages in a scheme constituting a systematic ongoing course of conduct with intent to:

(i) defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property, services or other resources from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises; or

(ii) defraud the state or a political subdivision of the state or a governmental instrumentality within the state by making use of property, services or resources of the state, political subdivision of the state or a governmental instrumentality within the state for private business purposes or other compensated non-governmental purposes; and

(b) so obtains property, services or other resources with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality.

Defrauding the government is a class E felony.

CREDIT(S)

(Added L.1986, c. 833, § 1. Amended L.2010, c. 1, § 2, eff. Feb. 12, 2010.)

Current through L.2013, chapter 28.


Chapter 30. Misconduct in Office: Abuse of Office

Tags:11 NJ (2.8%)

N.J.S.A. 2C:30-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-1. Repealed by L.1979, c. 178, § 147, eff. Sept. 1, 1979


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-2. Official misconduct


A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:


a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or


b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.


Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.



CREDIT(S)


L.1978, c. 95, § 2C:30-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 61, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-3. Speculating or wagering on official action or information


A person commits a crime if, in contemplation of official action by himself or by a governmental unit with which he is or has been associated, or in reliance on information to which he has or has had access in an official capacity and which has not been made public, he:


a. Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official; or


b. Speculates or wagers on the basis of such information or official action; or


c. Aids another to do any of the foregoing, while in office or after leaving office with a purpose of using such information.


An offense proscribed by this section is a crime of the second degree. If the benefit acquired or sought to be acquired is of a value of $200.00 or less, an offense proscribed by this section is a crime of the third degree.



CREDIT(S)


L.1978, c. 95, § 2C:30-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 62, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-4. Disbursement of public moneys or incurrence of obligations in excess of appropriation and limit of expenditure


A person or member of a board or body charged with or having the control of a State office, division, department or institution or a member of a county or municipal governing body or a member of a board of education, commits a crime of the fourth degree if he purposely and knowingly:


a. Disburses, orders or votes for the disbursement of public moneys, in excess of the appropriation for that office, division, department, institution, board or body; or


b. Incurs obligations in excess of the appropriation and limit of expenditure provided by law for that office, division, department, institution, board or body.


Nothing contained in this section shall be construed to prevent a board of education from keeping open the public schools.



CREDIT(S)


L.1989, c. 131, § 1, eff. Aug. 2, 1989.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-5

Effective: March 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-5. Legislative findings


The Legislature finds and declares that:


a. Public confidence in the institutions of government is undermined when an official engages in any form of misconduct involving the official's office.


b. Such misconduct, and the corresponding damage to the public confidence, impairs the ability of government to function properly, fosters mistrust and engenders disrespect for government and public servants.


c. A particular concern arises when a law enforcement official, duly entrusted to protect the public safety and impartially enforce the laws, abuses that trust by unlawfully depriving persons of their civil rights, especially in the context of racial profiling.


d. It is important to ensure that law enforcement officers are prohibited from using racial characteristics or color, either alone or in conjunction with other composite characteristics such as a generalized vehicle description or the age of the driver or passengers, as the basis for initiating an investigative stop.


e. Existing laws must be amended to provide a greater deterrent to this type of conduct, as well as to enhance other provisions of the law targeting official misconduct.


f. Accordingly, it is in the public interest to strengthen our laws that define and punish acts of official misconduct by members of law enforcement and other public servants.



CREDIT(S)


L.2003, c. 31, § 1, eff. March 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-6

Effective: March 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-6. Official deprivation of civil rights


a. A public servant acting or purporting to act in an official capacity commits the crime of official deprivation of civil rights if, knowing that his conduct is unlawful, and acting with the purpose to intimidate or discriminate against an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity, the public servant: (1) subjects another to unlawful arrest or detention, including, but not limited to, motor vehicle investigative stops, search, seizure, dispossession, assessment, lien or other infringement of personal or property rights; or (2) denies or impedes another in the lawful exercise or enjoyment of any right, privilege, power or immunity.


b. (1) Except as provided in paragraphs (2) and (3) of this subsection, a public servant who violates the provisions of subsection a. of this section is guilty of a crime of the third degree.


(2) If bodily injury results from depriving a person of a right or privilege in violation of subsection a. of this section, the public servant is guilty of a crime of the second degree.


(3) If, during the course of violating the provisions of this section, a public servant commits or attempts or conspires to commit murder, manslaughter, kidnapping or aggravated sexual assault against a person who is being deprived of a right or privilege in violation of subsection a. of this section, the public servant is guilty of a crime of the first degree.


c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of official deprivation of civil rights under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense.


d. Proof that a public servant made a false statement, prepared a false report, or, if the agency that employs the public servant, the Attorney General or the county prosecutor having supervisory authority over the agency required a report to be prepared, failed to prepare a report concerning the conduct that is the subject of the prosecution, shall give rise to an inference that the actor knew his conduct was unlawful.


e. For purposes of this section, an act is unlawful if it violates the Constitution of the United States or the Constitution of this State, or if it constitutes a criminal offense under the laws of this State.



CREDIT(S)


L.2003, c. 31, § 2, eff. March 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-7

Effective: March 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-7. Pattern of official misconduct


a. A person commits the crime of pattern of official misconduct if he commits two or more acts that violate the provisions of N.J.S.2C:30-2 or section 2 of P.L.2003, c. 31 (C.2C:30-6). It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission.


b. Pattern of official misconduct is a crime of the second degree if one of the acts committed by the defendant is a first or second degree crime; otherwise, it is a crime of the third degree, provided, however, that the presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 for persons who have not previously been convicted of an offense shall not apply. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of pattern of official misconduct shall not merge with a conviction of official misconduct, official deprivation of civil rights, or any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of N.J.S.2C:30-2 and sections 2 and 3 of P.L.2003, c. 31 (C.2C:30-6 and C.2C:30-7).



CREDIT(S)


L.2003, c. 31, § 3, eff. March 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:30-8

Effective: September 4, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 4. Offenses Against Public Administration

Chapter 30. Misconduct in Office: Abuse of Office (Refs & Annos)

2C:30-8. Public corruption profiteering penalty


a. This act shall be known and may be cited as the “Public Corruption Profiteering Penalty Act.”


b. In addition to any other disposition authorized by the court, including but not limited to any fines, penalties or assessments which may be imposed pursuant to the provisions of Title 2C of the New Jersey Statutes where a person has been convicted of a crime enumerated in subsection c. of this section or an attempt or conspiracy to commit such crime, the court shall, upon the application of the Attorney General or the county prosecutor, impose a public corruption profiteering penalty in an amount determined pursuant to this section; provided that the trier of fact has found beyond a reasonable doubt that the defendant is guilty of a crime or an attempt or conspiracy to commit a crime involving the negotiation, award, performance or payment of a local, county or State contract as enumerated in subsection c. of this section.


c. The public corruption profiteering penalty set forth in this section may be imposed when a person is convicted of a crime or an attempt or conspiracy to commit a crime involving the negotiation, award, performance or payment of a local, county or State contract, including, but not limited to:


(1) a violation of any of the provisions of chapter 21 of Title 2C of the New Jersey Statutes;


(2) a violation of any of the provisions of chapter 27 of Title 2C of the New Jersey Statutes;


(3) a violation of any of the provisions of chapter 28 of Title 2C of the New Jersey Statutes;


(4) a violation of any of the provisions of chapter 29 of Title 2C of the New Jersey Statutes; or


(5) a violation of any of the provisions of chapter 30 of Title 2C of the New Jersey Statutes.


d. Where the defendant was convicted of any of the crimes enumerated in subsection c. of this section, the court shall assess a public corruption profiteering penalty as follows:


(1) $500,000 in the case of a crime of the first degree; $250,000 in the case of a crime of the second degree; $75,000 in the case of a crime of the third degree; or


(2) an amount equal to three times the value of any property involved in any of the crimes enumerated in subsection c. of this section.


e. Where the prosecution requests that the court assess a public corruption profiteering penalty in an amount calculated pursuant to this section, the court shall take judicial notice of any evidence, testimony or information adduced at trial, plea hearing or other court proceedings and shall also consider the presentence report and other relevant information, including expert opinion in the form of live testimony or by affidavit. The court's findings shall be incorporated in the record, and such findings shall not be subject to modification by an appellate court except upon a showing that the finding was totally lacking support in the record or was arbitrary and capricious.


f. The court shall not revoke or reduce the public corruption profiteering penalty imposed pursuant to this section. A public corruption profiteering penalty imposed pursuant to this section shall not be deemed a fine for purposes of N.J.S.2C:46-3.


g. The court may, for good cause shown, and subject to the provisions of this section, grant permission for the payment of a public corruption profiteering penalty imposed pursuant to this section to be made within a specified period of time or in specified installments, provided however that the payment schedule fixed by the court shall require the defendant to pay the penalty in the shortest period of time consistent with the nature and extent of his assets and his ability to pay, and further provided that the Attorney General or the county prosecutor shall be afforded the opportunity to present evidence or information concerning the nature, extent and location of the defendant's assets or interests in property which are or might be subject to levy and execution. In such event, the court may only grant permission for the payment to be made within a specified period of time or installments with respect to that portion of the assessed penalty which would not be satisfied by the liquidation of property which is or may be subject to levy and execution, unless the court finds that the immediate liquidation of such property would result in undue hardship to innocent persons. If no permission to make payment within a specified period of time or in installments is embodied in the sentence, the entire penalty shall be payable forthwith.


h. A public corruption profiteering penalty assessed pursuant to this section shall be imposed and paid in addition to any penalty, fine, fee or order for restitution which may be imposed pursuant to Title 2C of the New Jersey Statutes.


i. A public corruption profiteering penalty imposed pursuant to this section shall be in addition to and not in lieu of any forfeiture or other cause of action instituted pursuant to chapter 41 or 64 of Title 2C of the New Jersey Statutes, and nothing in this section shall be construed in any way to preclude, preempt or limit any such cause of action. A defendant shall not be entitled to receive credit toward the payment of a public corruption profiteering penalty imposed pursuant to this section for the value of property forfeited, or subject to forfeiture, pursuant to the provisions of chapter 41 or 64 of Title 2C of the New Jersey Statutes.


j. All public corruption profiteering penalties imposed pursuant to this section shall be docketed and collected as provided for the collection of fines, penalties, fees and restitution in chapter 46 of Title 2C of the New Jersey Statutes. The Attorney General or the county prosecutor may prosecute an action to collect any public corruption profiteering penalties imposed pursuant to this section. All public corruption profiteering penalties assessed pursuant to this section shall be disposed of, distributed, appropriated and used as if the collected penalties were the proceeds of property forfeited pursuant to chapter 64 of Title 2C of the New Jersey Statutes.



CREDIT(S)


L.2007, c. 159, § 1, eff. Sept. 4, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



Chapter 268B. Financial Disclosure by Certain Public Officials and Employees

Tags:14 MA (2.1%)

M.G.L.A. 268B § 1


Effective: October 2, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 1. Definitions


Definitions.


As used in this chapter, the following words shall, unless the context clearly requires otherwise have the following meanings:


“Amount”, a category of value, rather than an exact dollar figure, as follows: greater than $1,000 but not more than $5,000; greater than $5,000 but not more than $10,000; greater than $10,000 but not more than $20,000; greater than $20,000 but not more than $40,000; greater than $40,000 but not more than $60,000; greater than $60,000 but not more than $100,000; greater than $100,000.


“Business”, any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business or real estate trust or any other legal entity organized for profit or charitable purposes.


“Business with which he is associated”, any business in which the reporting person or a member of his immediate family is a general partner, proprietor, officer or other employee, including one who is self-employed or serves as a director, trustee or in any similar managerial capacity and any business more than 1 per cent of any class of the outstanding equity of which is beneficially owned in the aggregate by the reporting person and members of his immediate family.


“Candidate for public office”, any individual who seeks nomination or election to public office; provided, however, that, an individual shall be deemed to be seeking nomination or election to public office if he has: (1) received a political contribution or made an expenditure, or has given his consent for any other person or committee to receive a political contribution or make an expenditure, for the purpose of influencing his nomination or election to such office, whether or not the specific public office for which he will seek nomination or election is known at the time the political contribution is received or the expenditure is made; or (2) taken the action necessary under the laws of the commonwealth to qualify himself for nomination or election to such office.


“Commission”, the state ethics commission established by section 2;


“Equity”, any stock or similar ownership interest in a business.


“Executive agent”, an executive agent as defined in section 39 of chapter 3.


“Gift”, a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received; provided, however, that “gift” shall not include a political contribution reported as required by law, a commercially reasonable loan made in the ordinary course of business, anything of value received by inheritance or a gift received from a member of the reporting immediate family or from a relative within the third degree of consanguinity of the reporting person or of the reporting person's spouse or from the spouse of any such relative.


“Governmental body”, a state or county agency, authority, board, bureau, commission, council, department, division or other entity, including the general court and the courts of the commonwealth.


“Immediate family”, a spouse and any dependent children residing in the reporting person's household.


“Income”, income from whatever source derived, whether in the form of a fee, salary, allowance, forebearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof; provided, however, that interest from savings accounts or from government obligations other than those of the commonwealth or any political subdivision thereof or any public agency or authority created by the general court, alimony and support payments, proceeds from a life insurance policy, retirement or disability benefits and social security payments shall not be considered income for the purposes of this chapter.


“Legislative agent”, a legislative agent as defined in section 39 of chapter 3.


“Major policymaking position”, the executive or administrative head of a governmental body, all members of the judiciary, any person whose salary equals or exceeds that of a state employee classified in step 1 of job group XXV of the general salary schedule contained in section 46 of chapter 30 and who reports directly to said executive or administrative head, the head of each division, bureau or other major administrative unit within such governmental body and persons exercising similar authority.


“Person”, a business, individual, corporation, union, association, firm, partnership, committee or other organization or group of persons.


“Political contribution”, a contribution of money or anything of value to an individual, candidate, political committee or person acting on behalf of an individual, candidate or political committee, for the purpose of influencing the nomination or election of the individual or candidate or for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment or other question submitted to the voters and shall include any: (1) gift, subscription, loan, advance, deposit of money, or thing of value, except a loan of money to a candidate by a national or state bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business; (2) transfer of money or anything of value between political committees; (3) payment, by any person other than a candidate or political committee, or compensation for the personal services of another person which are rendered to such candidate or committee; (4) purchase from an individual, candidate or political committee, or person acting on behalf of an individual, candidate or political committee, whether through the device of tickets, advertisements, or otherwise, for fund-raising activities, including testimonials, held on behalf of said individual, candidate or political committee, to the extent that the purchase price exceeds the actual cost of the goods sold or services rendered; (5) discount or rebate not available to other candidates for the same office and to the general public; and (6) forgiveness of indebtedness or payment of indebtedness by another person; provided, however, that political contribution shall not include the rendering of services by speakers, editors, writers, poll watchers, poll checkers or others, or the payment by those rendering such services of such personal expenses as may be incidental thereto, or the exercise of ordinary hospitality.


“Public employee”, a person who holds a major policymaking position in a governmental body; provided, however, that a person who receives no compensation other than reimbursements for expenses, or any person serving on a governmental body that has no authority to expend public funds other than to approve reimbursements for expenses shall not be considered a public employee for the purposes of this chapter; provided, further, that the members of the board of bar examiners shall not be considered public employees for the purposes of this chapter.


“Public office”, a position for which one is nominated at a state primary or chosen at a state election, excluding the positions of senator and representative in congress and the office of regional district school committee member elected district-wide.


“Public official”, a person who holds a public office.


“Reporting person”, a person required to file a statement of financial interest pursuant to section 5.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1980, c. 256, § 2; St.1986, c. 557, § 192; St.1986, c. 693, § 1; St.1988, c. 10, § 11; St.1992, c. 286, § 264; St.2009, c. 28, § 85, eff. Sept. 29, 2009; St.2009, c. 105, § 1, eff. Oct. 2, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 2. State ethics commission


State ethics commission.


(a) There is established a state ethics commission composed of five members. At no time shall more than three members be from the same political party.


(b) Three members of the commission shall be appointed by the governor, one of whom shall be designated as chairman, and one member shall be appointed by the state secretary and one member shall be appointed by the attorney general. At no time shall more than two of the members to be appointed by the governor be from the same political party.


(c) Members of the commission shall serve for terms of five years.


(d) No person shall be appointed to more than one full five year term on the commission.


(e) Not less than thirty days prior to making any appointment to the commission, the appointing official shall give public notice that a vacancy on the commission exists.


(f) No member or employee of the commission shall:


(1) hold or be a candidate for any other public office while a member or employee or for one year thereafter;


(2) hold office in any political party or political committee;


(3) participate in or contribute to the political campaign of any candidate for public office.


(g) Members of the commission may be removed by a majority vote of the governor, state secretary, and attorney general, for substantial neglect of duty, inability to discharge the powers and duties of office, violation of subsection (f) of this section, gross misconduct, or conviction of a felony.


(h) Any vacancy occurring on the commission shall be filled within ninety days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member he succeeds, and shall be eligible for appointment to one full five year term.


(i) The commission shall elect a vice chairman. The vice chairman shall act as chairman in the absence of the chairman or in the event of a vacancy in that position.


(j) Three members of the commission shall constitute a quorum and three affirmative votes shall be required for any action or recommendation of the commission; the chairman or any three members of the commission may call a meeting; advance notice of all meetings shall be given to each member of the commission and to any other person who requests such notice;


(k) Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine, and shall be reimbursed for their expenses.


(l) The commission shall annually report to the general court and the governor concerning the action it has taken; the names and salaries and duties of all individuals in its employ and the money it has disbursed; and shall make such further reports on matters within its jurisdiction as may appear necessary;


(m) The commission shall employ an executive director, a general counsel, and, subject to appropriation, such other staff, including but not limited to clerks, accountants, and investigators, as are necessary to carry out its duties pursuant to this chapter and chapter two hundred and sixty-eight A. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission. The commission may employ, subject to appropriation, the services of experts and consultants necessary to carry out its duties. The colonel of state police, the state auditor, the comptroller, the attorney general, and the director of the office of campaign and political finance may make available to the commission personnel and other assistance as the commission may request.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1986, c. 557, § 193; St.1991, c. 412, § 97.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 3


Effective: February 16, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 3. Powers and duties of the commission


Powers and duties of the commission.


The commission shall:


(a) prescribe and publish, pursuant to chapter 30A, rules and regulations: (1) to carry out this chapter, including rules governing the conduct of proceedings hereunder; and (2) to carry out chapter 268A; provided, however, that the rules and regulations shall be limited to providing exemptions from the provisions of sections 3 to 7, inclusive, sections 11 to 14, inclusive, sections 17 to 20, inclusive, and section 23 of said chapter 268A;


(b) prepare and publish, after giving the public an opportunity to comment, forms for the statements and reports required to be filed by this chapter and make such forms available to any and all persons required to file statements and reports pursuant to the provisions of this chapter;


(c) prepare and publish, pursuant to the provisions of chapter thirty A, methods of accounting and reporting to be used by persons required to file statements and reports by this chapter;


(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including his affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the commission shall be authorized, in its discretion, to exempt from public disclosure those portions of a statement of financial interest filed pursuant to section five which contain the home address of the filer; and provided, further, that the commission shall forward a copy of said request to the person whose statement has been examined;


(e) compile and maintain an index of all reports and statements filed with the commission to facilitate public access to such reports and statements;


(f) inspect all statements of financial interests filed with the commission in order to ascertain whether any reporting person has failed to file such a statement or has filed a deficient statement. If, upon inspection, it is ascertained that a reporting person has failed to file a statement of financial interests, or if it is ascertained that any such statement filed with the commission fails to conform with the requirements of section five of this chapter, then the commission shall, in writing, notify the delinquent; such notice shall state in detail the deficiency and the penalties for failure to file a statement of financial interests;


(g) upon written request from a person who is or may be subject to the provisions of this chapter or chapter two hundred and sixty-eight A, render advisory opinions on the requirements of said chapters. An opinion rendered by the commission, until and unless amended or revoked, shall be a defense in a criminal action brought under chapter two hundred and sixty-eight A and shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such requests shall be confidential; provided, however, that the commission may publish such opinions, but the name of the requesting person and any other identifying information shall not be included in such publication unless the requesting person consents to such inclusion;


(h) preserve all statements and reports filed with the commission for a period of six years from the date of receipt;


(i) act as the primary civil enforcement agency for violations of all sections of chapter two hundred and sixty-eight A and of this chapter.


(j) on or before February first of each year the executive director of the commission shall request a list of all major policymaking positions for the governmental bodies below from the persons listed below:


(1) the house of representatives, the speaker of the house;


(2) the senate, the president of the senate;


(3) the state secretary's office, the state secretary;


(4) the attorney general's office, the attorney general;


(5) the state auditor's office, the state auditor;


(6) the treasurer and receiver general's office, the state treasurer;


(7) for each court of the commonwealth, the chief judge of such court;


(8) for each executive office in the commonwealth and all governmental bodies within such executive office, the secretary for such executive office;


(9) the governor's office, the governor;


(10) the lieutenant governor's office, the lieutenant governor;


(11) for each county, the chairman of the county commissioners;


(12) for each authority or other governmental body not covered by clauses one through eleven above, the executive or administrative head of such authority or governmental body; and such persons shall furnish such lists within sixty days. The executive director may add any position that he determines to be a major policymaking position in such governmental body to such list. Any person aggrieved by such action of the executive director may appeal such action to the commission.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1986, c. 12, §§ 3, 4; St.1986, c. 557, § 194; St.1987, c. 9, § 1; St.1996, c. 39, § 2; St.2004, c. 399, § 1, eff. Feb. 16, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 4


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 4. Investigations by the commission


Investigations by the commission.


(a) Upon receipt of a sworn complaint signed under the penalties of perjury, or upon receipt of evidence which is deemed sufficient by the commission, the commission shall initiate a preliminary inquiry into any alleged violation of chapter 268A or 268B. At the commencement of a preliminary inquiry into any such alleged violation, the general counsel shall notify the attorney general in order to avoid overlapping civil and criminal investigations. All commission proceedings and records relating to a preliminary inquiry or initial staff review used to determine whether to initiate an inquiry shall be confidential, except that the general counsel may turn over to the attorney general, the United States Attorney or a district attorney of competent jurisdiction evidence which may be used in a criminal proceeding. The general counsel shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within 30 days of the commencement of the inquiry.


(b) If a preliminary inquiry fails to indicate reasonable cause for belief that this chapter or said chapter two hundred and sixty-eight A has been violated, the commission shall immediately terminate the inquiry and so notify, in writing, the complainant, if any, and the person who had been the subject of the inquiry. All commission records and proceedings from any such preliminary inquiry, or from any initial staff review to determine whether to initiate an inquiry, shall be confidential.


(c) If a preliminary inquiry indicates reasonable cause for belief that this chapter or said chapter two hundred and sixty-eight A has been violated, the commission may, upon a majority vote, initiate an adjudicatory proceeding to determine whether there has been such a violation. The commission shall initiate such an adjudicatory proceeding within 5 years from the date the commission learns of the alleged violation, but not more than 6 years from the date of the last conduct relating to the alleged violation.


(d) The commission may require by summons the attendance and testimony of witnesses and the production of books, papers and other records relating to any matter being investigated by it pursuant to this chapter or said chapter two hundred and sixty-eight A. Such summons may be issued by the commission only upon a majority vote of the commission and shall be served in the same manner as summonses for witnesses in civil cases, and all provisions of law relative to summonses issued in such cases, including the compensation of witnesses, shall apply to summonses issued by the commission. Such summonses shall have the same force, and be obeyed in the same manner, and under the same penalties in case of default, as if issued by order of a justice of the superior court and may be quashed only upon motion of the summonsed party and by order of a justice of the superior court.


(e) Any member of the commission may administer oaths and any member of the commission may hear testimony or receive other evidence in any proceeding before the commission.


(f) All testimony in a commission adjudicatory proceeding shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify, to submit evidence, and to be represented by counsel. Before testifying, all witnesses shall be given a copy of the regulations governing commission proceedings. All witnesses shall be entitled to be represented by counsel.


(g) Any person whose name is mentioned during an adjudicatory proceeding of the commission and who may be adversely affected thereby may appear personally before the commission on his own behalf, with or without an attorney, to give a statement in opposition to such adverse mention or file a written statement of such opposition for incorporation into the record of the proceeding.


(h) All adjudicatory proceedings of the commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session.


(i) Within thirty days after the end of an adjudicatory proceeding pursuant to the provisions of this section, the commission shall meet in executive session for the purpose of reviewing the evidence before it. Within thirty days after completion of deliberations, the commission shall publish a written report of its findings and conclusions.


(j) The commission, upon a finding pursuant to an adjudicatory proceeding that there has been a violation of said chapter two hundred and sixty-eight A or a violation of this chapter, may issue an order requiring the violator to:


(1) cease and desist such violation of said chapter two hundred and sixty-eight A or this chapter;


(2) file any report, statement or other information as required by said chapter two hundred and sixty-eight A or this chapter; or


(3) pay a civil penalty of not more than $10,000 for each violation of this chapter or chapter 268A, with the exception of a violation of section 2 of chapter 268A, which shall be subject to a civil penalty of not more than $25,000.


The commission may file a civil action in superior court to enforce such order and any order issued by the commission in accordance with chapter 268A.


(k) Any final action by the commission made pursuant to chapter 268A or 268B shall be subject to review in superior court upon petition of any party in interest filed within thirty days after the action for which review is sought. The court shall enter a judgment enforcing, modifying or setting aside the order of the commission or it may remand the proceedings to the commission for such further action as the court may direct. If the court modifies or sets aside the commission order or remands the proceedings to the commission, the court shall determine whether such modification, set aside or remand is substantial. If the court does find such modification, set aside or remand to be substantial, the employee shall be entitled to be reimbursed from the treasury of the commonwealth for reasonable attorneys' fees and all court costs incurred by him in the defense of the charges contained in said proceedings. The amount of such reimbursement shall be awarded by the court, but shall not exceed $30,000 per person, per case. Reimbursement of such costs shall be applicable to state, county or municipal employees whose conduct is so regulated by the provisions of chapter two hundred and sixty-eight A and this chapter.


(l) The superior court shall have concurrent jurisdiction to issue orders under paragraph (j) in a civil action brought by the attorney general. In any such action, an advisory opinion of the commission under clause (g) of section 3 shall be binding to the same extent as it is against the commission under that clause.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1982, c. 612, §§ 15, 16; St.1986, c. 12, § 5; St.1990, c. 150, § 349A; St.1990, c. 487, § 2; St.2009, c. 28, §§ 86 to 93, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 5


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 5. Statements of financial interests


Statements of financial interests.


(a) Every candidate for public office shall file a statement of financial interest for the preceding calendar year with the commission on or before the date on which a certificate of nomination or nomination papers for such candidate are submitted to the state secretary. Every candidate for public office who has not filed nomination papers with the state secretary, but on whose behalf a statement of organization of a political committee has been filed with the director of campaign and political finance under section five of chapter fifty-five, and who is seeking public office by the so-called “write in” or “sticker” method, shall within three days after such filing file a statement of financial interest with the commission.


(b) Every public official shall file a statement of financial interest for the preceding calendar year with the commission on or before the last Tuesday in May of the year in which such public official first enters such public office and of each year that such public official holds such office, and on or before May first of the year after such public official leaves such office; provided, however, that no public official shall be required to file a statement of financial interests for the year in which he ceased to be a public official if he served for less than thirty days in such year.


(c) Every public employee shall file a statement of financial interests for the preceding calendar year with the commission within thirty days after becoming a public employee, on or before May first of each year thereafter that such person is a public employee and on or before May first of the year after such person ceases to be a public employee; provided, however, that no public employee shall be required to file a statement of financial interests for the year in which he ceased to be a public employee if he served less than thirty days in such year.


(d) The commission shall, upon receipt of a statement of financial interests pursuant to the provisions of this section, issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of such statement.


(e) No public employee shall be allowed to continue in his duties or to receive compensation from public funds unless he has filed a statement of financial interests with the commission as required by this chapter.


(f) The statement of financial interests filed pursuant to the provisions of this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.


(g) Reporting persons shall disclose, to the best of their knowledge, the following information for the preceding calendar year, or as of the last day of said year with respect to the information required by clauses (2), (3) and (6) below; such persons shall also disclose the same information with respect to their immediate family provided, however, that no amount need be given for such information with regard to the reporting person's immediate family:


(1) the name and address of, the nature of association with, the share of equity in, if applicable, and the amount of income if greater than one thousand dollars derived from each business with which he is associated;


(2) the identity of all securities and other investments with a fair market value of greater than one thousand dollars which were beneficially owned, not otherwise reportable hereunder; and the amount of income if over one thousand dollars from any such security which is issued by the commonwealth or any political subdivision thereof or any public agency or authority created by the general court;


(3) the name and address of each creditor to whom more than one thousand dollars was owed and the original amount, the amount outstanding, the terms of repayment, and the general nature of the security pledged for each such obligation except that the original amount and the amount outstanding need not be reported for a mortgage on the reporting person's primary residence; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business, and any obligation to make alimony or support payments, shall not be reported; and provided, further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;


(4) the name and address of the source, and the cash value of any reimbursement for expenses aggregating more than one hundred dollars in the calendar year if the source of such reimbursement is a legislative or executive agent; or if the recipient is a public official and the source of such reimbursement is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such reimbursement is person having a direct interest in a matter before the governmental body by which the recipient is employed;


(5) the name and address of the donor, and the fair market value, if determinable, of any gifts aggregating more than one hundred dollars in the calendar year, if the recipient is a public official and the source of such gift(s) is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such gift(s) is a person having a direct interest in a matter before the governmental body by which the recipient is employed;


(6) the description, as appearing on the most recent tax bill, and the amount of assessed value of all real property located within the commonwealth, in which a direct or indirect financial interest was held, which has an assessed value greater than one thousand dollars; and, if the property was transferred during the year, the name and address of the person furnishing consideration to the reporting person or receiving it from him in respect to such transfer;


(7) the name and address of the source, and the fair market value, of any honoraria aggregating more than one hundred dollars if the source of such honoraria is a legislative agent; or if the recipient is a public official and the source of such honoraria is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such honoraria is a person having a direct interest in a matter before the governmental body by which the recipient is employed;


(8) the name and address of any creditor who has forgiven an indebtedness of over one thousand dollars, and the amount forgiven; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative;


(9) the name and address of any business from which the reporting person is taking a leave of absence;


(10) the identity of any equity in a business with which the reporting person is associated which has been transferred to a member of the reporting person's immediate family; provided, however, that a member of the reporting person's family need not report any such transfer to the reporting person.


Nothing in this section shall be construed to require the disclosure of information which is privileged by law.


Failure of a reporting person to file a statement of financial interests within ten days after receiving notice as provided in clause (f) of section three of this chapter, or the filing of an incomplete statement of financial interests after receipt of such a notice, is a violation of this chapter and the commission may initiate appropriate proceedings pursuant to the provisions of section four.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1981, c. 386, § 14; St.1986, c. 557, §§ 195, 196; St.1986, c. 693, § 2; St.1992, c. 286, § 265; St.2009, c. 28, § 94, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 6


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 6. Gifts from executive or legislative agents; exclusions to be established by state ethics commission


No executive or legislative agent shall knowingly and willfully offer or give to any public official or public employee or a member of such person’s immediate family, and no public official or public employee or member of such person’s immediate family shall knowingly and willfully solicit or accept from any executive or legislative agent, any gift of any kind or nature; provided, however, that the state ethics commission shall promulgate regulations: (i) establishing exclusions for ceremonial gifts; (ii) establishing exclusions for gifts given solely because of family or friendship; and (iii) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


For the purposes of this section, a person who holds a license issued by the Massachusetts gaming commission, who was required to apply for that license pursuant to section 14 of chapter 23K, shall be considered a legislative agent.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.2009, c. 28, § 95, eff. Sept. 29, 2009; St.2011, c. 194, § 50, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 7


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 7. Penalties for violation of confidentiality and for perjury


Penalties for violation of confidentiality and for perjury.


Any person who violates the confidentiality of a commission inquiry under the provisions of paragraph (a) of section four of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.


Any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding under paragraph (c) of section four of this chapter, or who willfully files a materially false statement of financial interests under section five of this chapter shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1985, c. 118; St.1986, c. 557, § 197; St.2009, c. 28, §§ 96, 97, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 8. Retribution for engaging in commission proceedings


No officer or employee of the commonwealth or of any county, city or town shall discharge an officer or employee, or change his official rank, grade or compensation, or deny him a promotion, or threaten so to do, for filing a complaint with or providing information to the commission or testifying in any commission proceeding.


CREDIT(S)


Added by St.1982, c. 612, § 17.



Current through Chapter 20 of the 2013 1st Annual Session


Article 31. Misconduct in Public Office

Tags:10 NC (3.1%)

N.C.G.S.A. § 14-228


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-228. Buying and selling offices


If any person shall bargain away or sell an office or deputation of an office, or any part or parcel thereof, or shall take money, reward or other profit, directly or indirectly, or shall take any promise, covenant, bond or assurance for money, reward or other profit, for an office or the deputation of an office, or any part thereof, which office, or any part thereof, shall touch or concern the administration or execution of justice, or the receipt, collection, control or disbursement of the public revenue, or shall concern or touch any clerkship in any court of record wherein justice is administered; or if any person shall give or pay money, reward or other profit, or shall make any promise, agreement, bond or assurance for any of such offices, or for the deputation of any of them, or for any part of them, the person so offending in any of the cases aforesaid shall be guilty of a Class I felony.



CREDIT(S)


Amended by Laws 1993, c. 539, § 1213, eff. Oct. 1, 1994; Laws 1994, (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-229


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-229. Acting as officer before qualifying as such


If any officer shall enter on the duties of his office before he executes and delivers to the authority entitled to receive the same the bonds required by law, and qualifies by taking and subscribing and filing in the proper office the oath of office prescribed, he shall be guilty of a Class 1 misdemeanor and shall be ejected from his office.



CREDIT(S)


Amended by S.L. 1999-408, § 2, eff. Dec. 1, 1999.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-230


Effective: December 1, 2009


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-230. Willfully failing to discharge duties


If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any of the State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense.



CREDIT(S)


Amended by Laws 1943, c. 347; Laws 1973, c. 108, § 5; Laws 1993, c. 539, § 142, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2009-107, § 1, eff. Dec. 1, 2009.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-231


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-231. Failing to make reports and discharge other duties


If any State or county officer shall fail, neglect or refuse to make, file or publish any report, statement or other paper, or to deliver to his successor all books and other property belonging to his office, or to pay over or deliver to the proper person all moneys which come into his hands by virtue or color of his office, or to discharge any duty devolving upon him by virtue of his office and required of him by law, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1993, c. 539, § 143, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-232


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-232. Swearing falsely to official reports


If any clerk, sheriff, register of deeds, county commissioner, county treasurer, magistrate or other county officer shall willfully swear falsely to any report or statement required by law to be made or filed, concerning or touching the county, State or school revenue, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1973, c. 108, § 6; Laws 1993, c. 539, § 144, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-233


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-233. Making of false report by bank examiners; accepting bribes


If any bank examiner shall knowingly and willfully make any false or fraudulent report of the condition of any bank, which shall have been examined by him, with the intent to aid or abet the officers, owners, or agents of such bank in continuing to operate an insolvent bank, or if any such examiner shall keep or accept any bribe or gratuity given for the purpose of inducing him not to file any report of examination of any bank made by him, or shall neglect to make an examination of any bank by reason of having received or accepted any bribe or gratuity, he shall be punished as a Class I felon.



CREDIT(S)


Amended by Laws 1979, c. 760, § 5; Laws 1979 (2nd Sess.), c. 1316, § 47; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1993, c. 539, § 1214, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-234


Effective: July 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-234. Public officers or employees benefiting from public contracts; exceptions


(a) (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law.


(2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract.


(3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.


(a1) For purposes of this section:


(1) As used in this section, the term “public officer” means an individual who is elected or appointed to serve or represent a public agency, other than an employee or independent contractor of a public agency.


(2) A public officer or employee is involved in administering a contract if he or she oversees the performance of the contract or has authority to make decisions regarding the contract or to interpret the contract.


(3) A public officer or employee is involved in making a contract if he or she participates in the development of specifications or terms or in the preparation or award of the contract. A public officer is also involved in making a contract if the board, commission, or other body of which he or she is a member takes action on the contract, whether or not the public officer actually participates in that action, unless the contract is approved under an exception to this section under which the public officer is allowed to benefit and is prohibited from voting.


(4) A public officer or employee derives a direct benefit from a contract if the person or his or her spouse: (i) has more than a ten percent (10%) ownership or other interest in an entity that is a party to the contract; (ii) derives any income or commission directly from the contract; or (iii) acquires property under the contract.


(5) A public officer or employee is not involved in making or administering a contract solely because of the performance of ministerial duties related to the contract.


(b) Subdivision (a)(1) of this section does not apply to any of the following:


(1) Any contract between a public agency and a bank, banking institution, savings and loan association, or with a public utility regulated under the provisions of Chapter 62 of the General Statutes.


(2) An interest in property conveyed by an officer or employee of a public agency under a judgment, including a consent judgment, entered by a superior court judge in a condemnation proceeding initiated by the public agency.


(3) Any employment relationship between a public agency and the spouse of a public officer of the agency.


(4) Remuneration from a public agency for services, facilities, or supplies furnished directly to needy individuals by a public officer or employee of the agency under any program of direct public assistance being rendered under the laws of this State or the United States to needy persons administered in whole or in part by the agency if: (i) the programs of public assistance to needy persons are open to general participation on a nondiscriminatory basis to the practitioners of any given profession, professions or occupation; (ii) neither the agency nor any of its employees or agents, have control over who, among licensed or qualified providers, shall be selected by the beneficiaries of the assistance; (iii) the remuneration for the services, facilities or supplies are in the same amount as would be paid to any other provider; and (iv) although the public officer or employee may participate in making determinations of eligibility of needy persons to receive the assistance, he or she takes no part in approving his or her own bill or claim for remuneration.


(b1) No public officer who will derive a direct benefit from a contract entered into under subsection (b) of this section may deliberate or vote on the contract or attempt to influence any other person who is involved in making or administering the contract.


(c), (d) Repealed by S.L. 2001-409, § 1, eff. July 1, 2002.


(d1) Subdivision (a)(1) of this section does not apply to (i) any elected official or person appointed to fill an elective office of a village, town, or city having a population of no more than 15,000 according to the most recent official federal census, (ii) any elected official or person appointed to fill an elective office of a county within which there is located no village, town, or city with a population of more than 15,000 according to the most recent official federal census, (iii) any elected official or person appointed to fill an elective office on a city board of education in a city having a population of no more than 15,000 according to the most recent official federal census, (iv) any elected official or person appointed to fill an elective office as a member of a county board of education in a county within which there is located no village, town or city with a population of more than 15,000 according to the most recent official federal census, (v) any physician, pharmacist, dentist, optometrist, veterinarian, or nurse appointed to a county social services board, local health board, or area mental health, developmental disabilities, and substance abuse board serving one or more counties within which there is located no village, town, or city with a population of more than 15,000 according to the most recent official federal census, and (vi) any member of the board of directors of a public hospital if all of the following apply:


(1) The undertaking or contract or series of undertakings or contracts between the village, town, city, county, county social services board, county or city board of education, local health board or area mental health, developmental disabilities, and substance abuse board, or public hospital and one of its officials is approved by specific resolution of the governing body adopted in an open and public meeting, and recorded in its minutes and the amount does not exceed twenty thousand dollars ($20,000) for medically related services and forty thousand dollars ($40,000) for other goods or services within a 12-month period.


(2) The official entering into the contract with the unit or agency does not participate in any way or vote.


(3) The total annual amount of contracts with each official, shall be specifically noted in the audited annual financial statement of the village, town, city, or county.


(4) The governing board of any village, town, city, county, county social services board, county or city board of education, local health board, area mental health, developmental disabilities, and substance abuse board, or public hospital which contracts with any of the officials of their governmental unit shall post in a conspicuous place in its village, town, or city hall, or courthouse, as the case may be, a list of all such officials with whom such contracts have been made, briefly describing the subject matter of the undertakings or contracts and showing their total amounts; this list shall cover the preceding 12 months and shall be brought up-to-date at least quarterly.


(d2) Subsection (d1) of this section does not apply to contracts that are subject to Article 8 of Chapter 143 of the General Statutes, Public Building Contracts.


(d3) Subsection (a) of this section does not apply to an application for or the receipt of a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control created pursuant to Article 72 of Chapter 106 of the General Statutes, the Community Conservation Assistance Program created pursuant to Article 73 of Chapter 106 of the General Statutes, or the Agricultural Water Resources Assistance Program created pursuant to Article 5 of Chapter 139 of the General Statutes by a member of the Soil and Water Conservation Commission if the requirements of G.S. 139-4(e) are met, and does not apply to a district supervisor of a soil and water conservation district if the requirements of G.S. 139-8(b) are met.


(d4) Subsection (a) of this section does not apply to an application for, or the receipt of a grant or other financial assistance from, the Tobacco Trust Fund created under Article 75 of Chapter 143 of the General Statutes by a member of the Tobacco Trust Fund Commission or an entity in which a member of the Commission has an interest provided that the requirements of G.S. 143-717(h) are met.


(d5) This section does not apply to a public hospital subject to G.S. 131E-14.2 or a public hospital authority subject to G.S. 131E-21.


(d6) This section does not apply to employment contracts between the State Board of Education and its chief executive officer.


(e) Anyone violating this section shall be guilty of a Class 1 misdemeanor.


(f) A contract entered into in violation of this section is void. A contract that is void under this section may continue in effect until an alternative can be arranged when: (i) immediate termination would result in harm to the public health or welfare, and (ii) the continuation is approved as provided in this subsection. A public agency that is a party to the contract may request approval to continue contracts under this subsection as follows:


(1) Local governments, as defined in G.S. 159-7(15), public authorities, as defined in G.S. 159-7(10), local school administrative units, and community colleges may request approval from the chair of the Local Government Commission.


(2) All other public agencies may request approval from the State Director of the Budget.


Approval of continuation of contracts under this subsection shall be given for the minimum period necessary to protect the public health or welfare.



CREDIT(S)


Amended by Laws 1969, c. 1027; Laws 1975, c. 409; Laws 1977, c. 240; Laws 1977, c. 761; Laws 1979, c. 720; Laws 1981, c. 103, §§ 1, 2, 5; Laws 1983, c. 544, §§ 1, 2; Laws 1985, c. 190, § 1; Laws 1987, c. 570; Laws 1989, c. 231; Laws 1991 (Reg. Sess., 1992), c. 1030, § 5; Laws 1993, c. 539, § 145, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; Laws 1995, c. 519, § 4, eff. July 29, 1995; S.L. 2000-147, § 6, eff. Aug. 2, 2000; S.L. 2001-409, § 1; S.L. 2001-487, § 44(a), eff. April 1, 2002; S.L. 2001-487, § 44(b), eff. July 1, 2002; S.L. 2001-487, § 45; S.L. 2002-159, § 28, eff. Oct. 11, 2002; S.L. 2006-78, § 2, eff. July 10, 2006; S.L. 2009-2, § 2, eff. March 4, 2009; S.L. 2009-226, § 1, eff. Oct. 1, 2009; S.L. 2010-169, § 2(a), eff. Dec. 1, 2010; S.L. 2011-145, § 13.23(b), eff. July 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-234.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-234.1. Misuse of confidential information


(a) It is unlawful for any officer or employee of the State or an officer or an employee of any of its political subdivisions, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information which was made known to him in his official capacity and which has not been made public, to commit any of the following acts:


(1) Acquire a pecuniary interest in any property, transaction, or enterprise or gain any pecuniary benefit which may be affected by such information or official action; or


(2) Intentionally aid another to do any of the above acts.


(b) Violation of this section is a Class 1 misdemeanor.



CREDIT(S)


Added by Laws 1987, c. 616, § 1. Amended by Laws 1993, c. 539, § 146, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-235


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-235. Repealed by Laws 1994, Ex.Sess., c. 14, § 72(11), eff. Oct. 1, 1994



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-236


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§§ 14-236, 14-237. Repealed by S.L. 2001-409, §§ 2, 3, eff. July 1, 2002



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-237


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§§ 14-236, 14-237. Repealed by S.L. 2001-409, §§ 2, 3, eff. July 1, 2002



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-238


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-238. Soliciting during school hours without permission of school head


No person, agent, representative or salesman shall solicit or attempt to sell or explain any article of property or proposition to any teacher or pupil of any public school on the school grounds or during the school day without having first secured the written permission and consent of the superintendent, principal or person actually in charge of the school and responsible for it.


Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.



CREDIT(S)


Amended by Laws 1969, c. 1224, § 8; Laws 1993, c. 539, § 149, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-239


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-239. Allowing prisoners to escape; punishment


If any sheriff, deputy sheriff, jailer, or other custodial personnel shall willfully or wantonly allow the escape of any person committed to that person's custody who is (i) a person charged with a crime, (ii) a person sentenced by the court upon conviction of any offense, or (iii) committed to the Division of Juvenile Justice of the Department of Public Safety, that person shall be guilty of a Class 1 misdemeanor. No prosecution shall be brought against any such officer pursuant to this section by reason of a prisoner being allowed to participate pursuant to court order in any work release, work study, community service, or other lawful program, or by reason of any such prisoner failing to return from participation in any such program.



CREDIT(S)


Amended by Laws 1973, c. 108, § 7; Laws 1983, c. 694; Laws 1993, c. 539, § 150, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2003-297, § 1, eff. Dec. 1, 2003; S.L. 2011-145, § 19.1(l), eff. Jan. 1, 2012.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-240


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-240. District attorney to prosecute officer for escape


It shall be the duty of district attorneys, when they shall be informed or have knowledge of any felon, or person otherwise charged with any crime or offense against the State, having within their respective districts escaped out of the custody of any sheriff, deputy sheriff, coroner, or jailer, to take the necessary measures to prosecute such sheriff or other officer so offending.



CREDIT(S)


Amended by Laws 1973, c. 47, § 2; Laws 1973, c. 108, § 8.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-241


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-241. Disposing of public documents or refusing to deliver them over to successor


It shall be the duty of the clerk of the superior court of each county, and every other person to whom the acts of the General Assembly, appellate division reports or other public documents are transmitted or deposited for the use of the county or the State, to keep the same safely in their respective offices; and if any such person having the custody of such books and documents, for the uses aforesaid, shall negligently and willfully dispose of the same, by sale or otherwise, or refuse to deliver over the same to his successor in office, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1969, c. 44, § 26; Laws 1993, c. 539, § 151, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-242


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-242. Failing to return process or making false return


If any sheriff, deputy, or other officer, whether State or municipal, or any person who presumes to act as any such officer, not being by law authorized so to do, willfully refuses to return any precept, notice or process, to him tendered or delivered, which it is his duty to execute, or willfully makes a false return thereon, the person who willfully refused to make the return or willfully made the false return shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1989, c. 462; Laws 1993, c. 539, § 152, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-243


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-243. Failing to surrender tax list for inspection and correction


If any tax collector shall refuse or fail to surrender his tax list for inspection or correction upon demand by the authorities imposing the tax, or their successors in office, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1983, c. 670, § 23; Laws 1993, c. 539, § 153, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.




N.C.G.S.A. § 14-244


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-244. Failing to file report of fines or penalties


If any officer who is by law required to file any report or statement of fines or penalties with the county board of education shall fail so to do at or before the time fixed by law for the filing of such report, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1993, c. 539, § 154, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.),c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-245


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-245. Repealed by Laws 1973, c. 108, § 9



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-246


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-246. Failure of ex-magistrate to turn over books, papers and money


If any magistrate, on expiration of his term of office, or if any personal representative of a deceased magistrate shall, after demand upon him by the clerk of the superior court, willfully fail and refuse to deliver to the clerk of the superior court all dockets, all law and other books, all money, and all official papers which came into his hands by virtue or color of his office, he shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1973, c. 108, § 10; Laws 1993, c. 539, § 155, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-247


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-247. Private use of publicly owned vehicle


It shall be unlawful for any officer, agent or employee of the State of North Carolina, or of any county or of any institution or agency of the State, to use for any private purpose whatsoever any motor vehicle of any type or description whatsoever belonging to the State, or to any county, or to any institution or agency of the State. It is not a private purpose to drive a permanently assigned state-owned motor vehicle between one's official work station and one's home as provided in G.S. 143-341(8)i7a.


It shall be unlawful for any person to violate a rule or regulation adopted by the Department of Administration and approved by the Governor concerning the control of all state-owned passenger motor vehicles as provided in G.S. 143-341(8)i with the intent to defraud the State of North Carolina.



CREDIT(S)


Amended by Laws 1981, c. 859, §§ 52, 53; Laws 1983, c. 717, § 75.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-248


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-248. Obtaining repairs and supplies for private vehicle at expense of State


It shall be unlawful for any officer, agent or employee to have any privately owned motor vehicle repaired at any garage belonging to the State or to any county, or any institution or agency of the State, or to use any tires, oils, gasoline or other accessories purchased by the State, or any county, or any institution or agency of the State, in or on any such private car.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-249


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-249. Repealed by Laws 1981, c. 268, § 1



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-250


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-250. Repealed by S.L. 2001-424, § 6.14(d), eff. Sept. 26, 2001



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-251


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-251. Violation made misdemeanor


Any person, firm or corporation violating any of the provisions of G.S. 14-247 to 14-250 shall be guilty of a Class 2 misdemeanor. Nothing in G.S. 14-247 through 14-251 shall apply to the purchase, use or upkeep or expense account of the car for the executive mansion and the Governor.



CREDIT(S)


Amended by Laws 1969, c. 1224, § 16; Laws 1993, c. 539, § 156, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-252


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 31. Misconduct in Public Office (Refs & Annos)

§ 14-252. Five preceding sections applicable to cities and towns


General Statutes 14-247 through 14-251 in every respect shall also apply to cities and incorporated towns.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-253


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 32. Misconduct in Private Office

§ 14-253. Failure of certain railroad officers to account with successors


If the president and directors of any railroad company, and any person acting under them, shall, upon demand, fail or refuse to account with the president and directors elected or appointed to succeed them, and to transfer to them forthwith all the money, books, papers, choses in action, property and effects of every kind and description belonging to such company, they shall be guilty of a Class I felony. The Governor is hereby authorized, at the request of the president, directors and other officers of any railroad company, to make requisition upon the governor of any other state for the apprehension of any such president failing to comply with this section.



CREDIT(S)


Amended by Laws 1993, c. 539, §§ 157, 1215; Laws 1993 (Reg. Sess., 1994), c. 767, § 20, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-254


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 32. Misconduct in Private Office

§ 14-254. Malfeasance of corporation officers and agents


(a) If any president, director, cashier, teller, clerk or agent of any corporation shall embezzle, abstract or willfully misapply any of the moneys, funds or credits of the corporation, or shall, without authority from the directors, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment or decree, or make any false entry in any book, report or statement of the corporation with the intent in either case to injure or defraud or to deceive any person, or if any person shall aid and abet in the doing of any of these things, he shall be punished as a Class H felon.


(b) For purposes of this section, “person” means a natural person, association, consortium, corporation, body politic, partnership, or other group, entity, or organization.



CREDIT(S)


Amended by Laws 1977, c. 809, §§ 1, 2; Laws 1979, c. 760, § 5; Laws 1979 (2nd Sess.), c. 1316, § 47; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1993, c. 539, § 1216, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. Ch. 14, Subch. VIII, Art. 33, Refs & Annos


 

West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter VIII. Offenses Against Public Justice

Article 33. Prison Breach and Prisoners



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.


Chapter 5. Offenses Against Public Administration

Tags:51 WY (0.2%)

W.S.1977 § 6-5-106

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-106. Conflict of interest; penalties; disclosure of interest and withdrawal from participation


(a) Except as provided by subsection (b) of this section, a public servant commits an offense if he requests or receives any pecuniary benefit, other than lawful compensation, on any contract, or for the letting of any contract, or making any appointment where the government employing or subject to the discretion or decisions of the public servant is concerned.


(b) If any public servant discloses the nature and extent of his pecuniary interest to all parties concerned therewith and does not participate during the considerations and vote thereon and does not attempt to influence any of the parties and does not act for the governing body with respect to the contracts or appointments, then the acts are not unlawful under subsection (a) of this section. Subsection (a) of this section does not apply to the operation, administration, inspection or performance of banking and deposit contracts or relationships after the selection of a depository.


(c) Violation of subsection (a) of this section is a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00).


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-107

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-107. Official misconduct; penalties


(a) A public servant or public officer commits a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00), if, with intent to obtain a pecuniary benefit or maliciously to cause harm to another, he knowingly:


(i) Commits an unauthorized act relating to his official duties;


(ii) Refrains from performing a duty imposed upon him by law; or


(iii) Violates any statute relating to his official duties.


(b) A public officer commits a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00) if he intentionally fails to perform a duty in the manner and within the time prescribed by law.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 1983, ch. 171, § 1.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-108

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-108. Issuing false certificate; penalties


(a) A public servant commits a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if he makes and issues an official certificate or other official written instrument which he is authorized to make and issue containing a statement which he knows to be false with intent to obtain a benefit or maliciously to cause harm to another.


(b) A public servant commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he makes and issues an official certificate or other official written instrument which he is authorized to make and issue containing a statement which he knows to be false.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-109

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-109. Repealed by Laws 1984, ch. 44, § 3


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-110

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-110. Wrongful appropriation of public property; penalties


(a) A public servant who lawfully or unlawfully comes into possession of any property of any government and who, with intent temporarily to deprive the owner of its use and benefit, converts any of the public property to his own use or any use other than the public use authorized by law is guilty of wrongful appropriation of public property.


(b) Wrongful appropriation is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-111

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-111. Failure or refusal to account for, deliver or pay over property; penalties


A public servant who fails or refuses to account for, deliver and pay over property received by virtue of the office, when legally required by the proper person or authority is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-112

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-112. Mistreating persons in institutions or mental hospital; penalties; no bar to other criminal action


(a) A person commits a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000.00), or both, if he:


(i) Is an employee of, or is responsible for the care of a person in, a reformatory, penal or charitable institution or a mental hospital and treats him with unnecessary severity, harshness or cruelty; or


(ii) Is an officer required by law to perform an act with regard to persons in a reformatory, penal or charitable institution or a mental hospital and he intentionally refuses or neglects to perform the act.


(b) This section does not bar prosecution, under any other criminal statute, of a person responsible for the care of a person in a reformatory, penal or charitable institution or a mental hospital, even if he also violates this section.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-113

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-113. Removal from office after judgment of conviction


A judgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117 against any public servant, except state elected officials, supreme court justices, district court judges and circuit court judges, shall result in removal from office or discharge from employment.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 2000, ch. 24, § 4, eff. July 1, 2000.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-114

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-114. Notarial officers; issuance of certificate without proper acknowledgment; penalties


A notarial officer commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he signs and affixes his seal to a certificate of acknowledgment when the party executing the instrument has not first acknowledged the execution of the instrument in the presence of, as defined in W.S. 34-26-101(b)(xxi), the notarial officer, if by law the instrument is required to be recorded or filed and cannot be filed without a certificate of acknowledgment signed and sealed by a notarial officer.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 2011, ch. 113, § 2, eff. July 1, 2011.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-115

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-115. Neglect or refusal of ministerial officer to perform duty in criminal case; unnecessary delay in serving warrant; penalties


(a) A person commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than five hundred dollars ($500.00), or both, if he is:


(i) A clerk, sheriff, coroner or other ministerial officer who refuses or neglects to perform any duty he is required by law to perform in any criminal case or proceeding; or


(ii) An officer who unnecessarily delays serving a warrant legally issued in any criminal case when it is his duty to execute and in his power to serve the warrant.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-116

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-116. Public officer acting before qualifying; penalty


An elected or appointed public officer or his deputy commits a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) if he performs any duty of his office without taking and subscribing the oath prescribed by law or before giving and filing the bond required by law.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-117

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-117. Public officer demanding kickback from deputy; penalties


A public officer who requires a deputy appointed by him to divide or pay back to the officer a part of the legal fees of the deputy is guilty of a felony punishable by imprisonment for not more than three (3) years, a fine of not more than five thousand dollars ($5,000.00), or both.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 1983, ch. 171, § 1.


 

Current through the 2013 General Session



 


W.S.1977 § 6-5-118

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 5. Offenses Against Public Administration

Article 1. Offenses by Public Officials (Refs & Annos)

§ 6-5-118. Conflict of interest; public investments; disclosure required; penalty; definitions


(a) No public officer or public servant who invests public funds for a unit of government, or who has authority to decide how public funds are invested, shall transact any personal business with, receive any pecuniary benefit from or have any financial interest in any entity, other than a governmental entity, unless he has disclosed the benefit or interest in writing to the body of which he is a member or entity for which he is working. Disclosures shall be made annually in a public meeting and shall be made part of the record of proceedings. The public officer or public servant shall make the written disclosure prior to investing any public funds in any entity, other than a governmental entity, which:


(i) Provides any services related to investment of funds by that same unit of government; or


(ii) Has a financial interest in any security or other investment made by that unit of government.


(b) A violation of subsection (a) of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.


(c) The definitions in W.S. 6-5-101 shall apply to this section except “pecuniary benefit” shall also include benefits in the form of services such as, but not limited to, transportation and lodging. As used in this section, “personal business” means any activity that is not a governmental function as defined in W.S. 6-5-101(a)(ii).


CREDIT(S)


Laws 1997, ch. 3, § 1, eff. July 1, 1997.


 

Current through the 2013 General Session


Chapter 268A. Conduct of Public Officials and Employees

Tags:14 MA (2.1%)

M.G.L.A. 268A § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 1. Definitions


In this chapter the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:--


(a) “Compensation”, any money, thing of value or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.


(b) “Competitive bidding”, all bidding, where the same may be prescribed by applicable sections of the General Laws or otherwise, given and tendered to a state, county or municipal agency in response to an open solicitation of bids from the general public by public announcement or public advertising, where the contract is awarded to the lowest responsible bidder.


(c) “County agency”, any department or office of county government and any division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.


(d) “County employee”, a person performing services for or holding an office, position, employment, or membership in a county agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis.


(e) “Immediate family”, the employee and his spouse, and their parents, children, brothers and sisters.


(f) “Municipal agency”, any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.


(g) “Municipal employee,” a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis, but excluding (1) elected members of a town meeting and (2) members of a charter commission established under Article LXXXIX of the Amendments to the Constitution.


(h) “Official act”, any decision or action in a particular matter or in the enactment of legislation.


(i) “Official responsibility”, the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action.


(j) “Participate”, participate in agency action or in a particular matter personally and substantially as a state, county or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise.


(k) “Particular matter”, any judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, finding, but excluding enactment of general legislation by the general court and petitions of cities, towns, counties and districts for special laws related to their governmental organizations, powers, duties, finances and property.


(l) “Person who has been selected”, any person who has been nominated or appointed to be a state, county or municipal employee or has been officially informed that he will be so nominated or appointed.


(m) “Special county employee”, a county employee who is performing services or holding an office, position, employment or membership for which no compensation is provided; or who is not an elected official and (1) occupies a position which, by its classification in the county agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the State Ethics Commission and the office of the county commissioners prior to the commencement of any personal or private employment, or (2) in fact does not earn compensation as a county employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special county employee shall be in such a status on days for which he is not compensated as well as on days on which he earns compensation.


(n) “Special municipal employee”, a municipal employee who is not a mayor, a member of the board of aldermen, a member of the city council, or a selectman in a town with a population in excess of ten thousand persons and whose position has been expressly classified by the city council, or board of aldermen if there is no city council, or board of selectmen, as that of a special employee under the terms and provisions of this chapter; provided, however, that a selectman in a town with a population of ten thousand or fewer persons shall be a special municipal employee without being expressly so classified. All employees who hold equivalent offices, positions, employment or membership in the same municipal agency shall have the same classification; provided, however, no municipal employee shall be classified as a “special municipal employee” unless he occupies a position for which no compensation is provided or which, by its classification in the municipal agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, or unless he in fact does not earn compensation as a municipal employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special municipal employee shall be in such status on days for which he is not compensated as well as on days on which he earns compensation. All employees of any city or town wherein no such classification has been made shall be deemed to be “municipal employees” and shall be subject to all the provisions of this chapter with respect thereto without exception.


(o) “Special state employee”, a state employee:


(1) Who is performing services or holding an office, position, employment or membership for which no compensation is provided, or


(2) Who is not an elected official and


(a) occupies a position which, by its classification in the state agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the state ethics commission prior to the commencement of any personal or private employment, or


(b) in fact does not earn compensation as a state employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special state employee shall be in such a status on days for which he is not compensated as well as on days on which he earns compensation.


(p) “State agency”, any department of state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town.


(q) “State employee”, a person performing services for or holding an office, position, employment, or membership in a state agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, including members of the general court and executive council. No construction contractor nor any of their personnel shall be deemed to be a state employee or special state employee under the provisions of paragraph (o) or this paragraph as a result of participation in the engineering and environmental analysis for major construction projects either as a consultant or part of a consultant group for the commonwealth. Such contractors or personnel may be awarded construction contracts by the commonwealth and may continue with outstanding construction contracts with the commonwealth during the period of such participation; provided, that no such contractor or personnel shall directly or indirectly bid on or be awarded a contract for any construction project if they have participated in the engineering or environmental analysis thereof.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1965, c. 351; St.1966, Ex.Sess., c. 734, § 2; St.1969, c. 350, §§ 1, 2; St.1977, c. 245; St.1981, c. 430; St.1982, c. 612, §§ 1 to 4; St.1989, c. 289; St.1990, c. 192.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 2


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 2. Corrupt gifts, offers or promises to influence official acts; corruption of witnesses


(a) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any state, county or municipal employee, or to any person who has been selected to be such an employee, or to any member of the judiciary, or who offers or promises any such employee or any member of the judiciary, or any person who has been selected to be such an employee or member of the judiciary, to give anything of value to any other person or entity, with intent


(1) to influence any official act or any act within the official responsibility of such employee or member of the judiciary or person who has been selected to be such employee or member of the judiciary, or


(2) to influence such an employee or member of the judiciary or person who has been selected to be such an employee or member of the judiciary, to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the commonwealth or a state, county or municipal agency, or


(3) to induce such an employee or member of the judiciary or person who has been selected to be such an employee or member of the judiciary to do or omit to do any act in violation of his lawful duty; or


(b) Whoever, being a state, county or municipal employee or a member of the judiciary or a person selected to be such an employee or member of the judiciary, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value for himself or for any other person or entity, in return for


(1) being influenced in his performance of any official act or any act within his official responsibility, or


(2) being influenced to commit or aid in committing, or to collude in, or allow any fraud, or make opportunity for the commission of any fraud, on the commonwealth or on a state, county or municipal agency, or


(3) being induced to do or omit to do any acts in violation of his official duty; or


(c) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person or any other person as a witness upon a trial, or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony, or with intent to influence such witness to absent himself therefrom; or


(d) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value for himself or for any other person or entity in return for influence upon the testimony under oath or affirmation of himself or any other person as a witness upon any such trial, hearing or other proceeding or in return for the absence of himself or any other person therefrom;--shall be punished by a fine of not more than $100,000, or by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2 1/

 
2 years, or both; and in the event of final conviction shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.

Clauses (c) and (d) shall not be construed to prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1964, c. 287; St.2009, c. 28, § 61, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 3


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 3. Gifts, offers or promises for acts performed or to be performed; corruption of witnesses; solicitation of gifts; witness fees; regulations


(a) Whoever knowingly, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, gives, offers or promises anything of substantial value to any present or former state, county or municipal employee or to any member of the judiciary, or to any person selected to be such an employee or member of the judiciary: (i) for or because of any official act performed or to be performed by such an employee or member of the judiciary or person selected to be such an employee or member of the judiciary; or (ii) to influence, or attempt to influence, an official action of the state, county or municipal employee or to any member of the judiciary; or


(b) Whoever knowingly, being a present or former state, county or municipal employee or member of the judiciary, or person selected to be such an employee or member of the judiciary, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of substantial value: (i) for himself for or because of any official act or act within his official responsibility performed or to be performed by him; or (ii) to influence, or attempt to influence, him in an official act taken; or


(c) Whoever knowingly, directly or indirectly, gives, offers or promises anything of substantial value to any person, for or because of testimony under oath or affirmation given or to be given by such person or any other person as a witness upon a trial, hearing or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony or for or because of his absence therefrom; or


(d) Whoever knowingly, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of substantial value for himself for or because of the testimony under oath or affirmation given or to be given by him or any other person as a witness upon any such trial, hearing or other proceeding, or for or because of his absence therefrom; shall be punished by a fine of not more than $50,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

(e) Clauses (c) and (d) shall not prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.


(f) The state ethics commission shall adopt regulations: (i) defining “substantial value,” ; provided, however, that “substantial value” shall not be less than $50; (ii) establishing exclusions for ceremonial gifts; (iii) establishing exclusions for gifts given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 62, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 4


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 4. Other compensation; offer, gift, receipt or request; acting as agent or attorney for other than state; legislators; special state employees


(a) No state employee shall otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the commonwealth or a state agency, in relation to any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No state employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the commonwealth or a state agency for prosecuting any claim against the commonwealth or a state agency, or as agent or attorney for anyone in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

Neither a member of the general court nor a member of the executive council shall be subject to paragraphs (a) or (c). However, no member of the general court or executive council shall personally appear for any compensation other than his legislative or executive council salary before any state agency, unless:


(1) the particular matter before the state agency is ministerial in nature; or


(2) the appearance is before a court of the commonwealth; or


(3) the appearance is in a quasi-judicial proceeding.


For the purposes of this paragraph, ministerial functions include, but are not limited to, the filing or amendment of: tax returns, applications for permits or licenses, incorporation papers, or other documents. For the purposes of this paragraph, a proceeding shall be considered quasi-judicial if:


(1) the action of the state agency is adjudicatory in nature; and


(2) the action of the state agency in appealable to the courts; and


(3) both sides are entitled to representation by counsel and such counsel is neither the attorney general nor the counsel for the state agency conducting the proceeding.


A special state employee shall be subject to paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a state employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the state agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a special state employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a state employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a state employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the state official responsible for appointment to his position approves.


This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, that the head of the special state employee's department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.


This section shall not prevent a state employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prohibit a state employee from holding an elective or appointive office in a city, town or district, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which he is employed or over which such employee has official responsibility.


This section shall not prevent a state employee, other than an employee in the department of revenue, from requesting or receiving compensation from anyone other than the commonwealth in relation to the filing or amending of state tax returns.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, §§ 4, 5; St.1980, c. 10, § 1; St.1982, c. 143; St.2007, c. 204, §§ 1 to 3, eff. Feb. 27, 2008; St.2009, c. 28, § 63, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 5


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 5. Former state employees; acting as agent or attorney or receiving compensation; partners of state employees or legislators


(a) A former state employee who knowingly acts as agent or attorney for, or receives compensation directly or indirectly from anyone other than the commonwealth or a state agency, in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which he participated as a state employee while so employed, or


(b) a former state employee who, within one year after his last employment has ceased, appears personally before any court or agency of the commonwealth as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and which was under his official responsibility as a state employee at any time within a period of two years prior to the termination of his employment, or


(b   1/

 
2 ) A former state, county or municipal employee who participated as such in general legislation on expanded gaming in the commonwealth or in the implementation, administration or enforcement of chapter 23K, and who becomes an officer or employee of, or who acquires a financial interest in, an applicant for a gaming license or a gaming licensee under said chapter 23K within one year after his last state, county or municipal employment has ceased, or

(c) a partner of a former state employee who knowingly engages, during a period of one year following the termination of the latter's employment by the commonwealth, in any activity in which the former state employee is himself prohibited from engaging in by clause (a), or


(d) a partner of a state employee who knowingly acts as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which the state employee participates or has participated as a state employee or which is the subject of his official responsibility, or


(e) a former state employee or elected official, including a former member of the general court, who acts as legislative or executive agent, as defined in section thirty-nine of chapter three, for anyone other than the commonwealth or a state agency before the governmental body, as determined by the state ethics commission with which he has been associated, within one year after he leaves that body or


(f) a former state employee whose salary was not less than that in step one of job group M-VII in the management salary schedule in section forty-six C of chapter thirty, and who becomes an officer or employee of a business organization which is or was a party to any privatization contract as defined in section fifty-three of chapter seven in which contract he participated as such state employee, if he becomes such officer or employee while the business organization is such a party or within one year after he terminates his state employment, unless before the termination of his state employment the governor determines, in a writing filed with the state ethics commission, that such participation did not significantly affect the terms or implementation of such contract, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

If a partner of a member of the general court or of a special state employee or of a former state employee is also a member of another partnership in which the member of the general court or special or former employee has no interest, the activities of the latter partnership in which the member of the general court or special or former employee takes no part shall not thereby be subject to clause (c) or (d).


This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, that the head of the special state employee's department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, §§ 6 to 8; St.1986, c. 557, § 191; St.1993, c. 296, § 2; St.2009, c. 28, §§ 64 to 66, eff. Sept. 29, 2009; St.2011, c. 194, § 49, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6. Financial interest of state employee, relative or associates; disclosure


(a) Except as permitted by this section, any state employee who participates as such employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2  years, or both.

Any state employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either


(1) assign the particular matter to another employee; or


(2) assume responsibility for the particular matter; or


(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.


<[ There is no subsection (b).]>


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 9; St.2009, c. 28, § 67, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6A. Conflict of interest of public official; reporting requirement


Any public official, as defined by section one of chapter two hundred and sixty-eight B, who in the discharge of his official duties would be required knowingly to take an action which would substantially affect such official's financial interests, unless the effect on such an official is no greater than the effect on the general public, shall file a written description of the required action and the potential conflict of interest with the state ethics commission established by said chapter two hundred and sixty-eight B.


CREDIT(S)


Added by St.1978, c. 210, § 10. Amended by St.1984, c. 189, § 163.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6B


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6B. Candidates for employment as state employee; disclosure of relation to state employee


Each candidate for employment as a state employee shall be required by the hiring authority as part of the application process to disclose, in writing, the names of any state employee who is related to the candidate as: spouse, parent, child or sibling or the spouse of the candidate's parent, child or sibling.


The contents of a disclosure received under this section from an employee when such employee was a candidate shall be considered public records under section 7 of chapter 4 and chapter 66.


All disclosures made by applicants hired by a state agency shall be made available for public inspection to the extent permissible by law by the official with whom such disclosure has been filed.


CREDIT(S)


Added by St.2011, c. 93, § 118, eff. July 1, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 7


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 7. Financial interest in contracts of state agency; application of section


A state employee who has a financial interest, directly or indirectly, in a contract made by a state agency, in which the commonwealth or a state agency is an interested party, of which interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a state employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a state employee other than a member of the general court who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the state employee files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the state employee, (2) the services are not required as part of the state employee's regular duties, the employee is compensated for not more than five hundred hours during a calendar year, and (3) the head of the contracting agency makes and files with the state ethics commission a written certification that no employee of that agency is available to perform those services as a part of their regular duties, or (c) to the interest of a member of the general court in a contract made by an agency other than the general court or either branch thereof, if his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, and the contract is made through competitive bidding and he files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family or (d) to a special state employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (e) to a special state employee who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the governor with the advice and consent of the executive council exempts him.


This section shall not apply to a state employee who provides services or furnishes supplies, goods and materials to a recipient of public assistance, provided that such services or such supplies, goods and materials are provided in accordance with a schedule of charges promulgated by the department of transitional assistance or the division of health care policy and finance and provided, further, that such recipient has the right under law to choose and in fact does choose the person or firm that will provide such services or furnish such supplies, goods and materials.


This section shall not prohibit a state employee from teaching or performing other related duties in an educational institution of the commonwealth; provided, that such employee does not participate in, or have official responsibility for, the financial management of such educational institution; and provided, further, that such employee is so employed on a part-time basis. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.


This section shall not prohibit a state employee from being employed on a part-time basis by a facility operated or designed for the care of mentally ill or mentally retarded persons, public health, correctional facility or any other facility principally funded by the state which provides similar services and which operates on an uninterrupted and continuous basis; provided that such employee does not participate in, or have official responsibility for, the financial management of such facility, that he is compensated for such part-time employment for not more than four hours in any day in which he is otherwise compensated by the commonwealth, and at a rate which does not exceed that of a state employee classified in step one of job group XX of the general salary schedule contained in section forty-six of chapter thirty, and that the head of the facility makes and files with the state ethics commission a written certification that there is a critical need for the services of the employee. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.


This section shall not preclude an officer or employee of the Massachusetts Port Authority from eligibility for any residential sound insulation program or the bayswater environmental program provided that the officer or employee has no responsibility for the administration for that program from which he is to receive the benefit.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1968, c. 446; St.1978, c. 210, § 11; St.1980, c. 303; St.1982, c. 612, §§ 5 to 7; St.1986, c. 599, § 53; St.1990, c. 487, § 1; St.1993, c. 301, § 1; St.1998, c. 161, § 556; St.2009, c. 28, § 68, eff. Sept. 29, 2009; St.2010, c. 264, § 1, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8. Public building or construction contracts


No state, county or municipal employee and no person acting or purporting to act on behalf of such employee, or any state, county or municipal agency, shall with respect to any public building or construction contract which is about to be or which has been competitively bid, require the bidder to make application to or furnish financial data to, or to obtain, or procure, any of the surety bonds or insurance specified in connection with such contract or specified by any law from any particular insurance or surety company, agent, or broker. This section shall not prevent the exercise by such employee on behalf of a state, county, or municipal agency of its right to approve the form, sufficiency, or manner of execution of the surety bonds and insurance furnished by the insurance or surety company selected by the bidder to underwrite said insurance and bonds. Any provisions in any invitation for bids, or in any of the contract documents, in conflict with this section are hereby declared to be contrary to the public policy of this commonwealth. Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 69, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8A. Members of state commissions or boards; prohibited appointments to other positions


No member of a state commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


CREDIT(S)


Added by St.1964, c. 314.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8B


Effective: April 15, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8B. Members of commonwealth utilities commission; prohibited lobbying activities


No member of the commonwealth utilities commission, appointed pursuant to section 2 of chapter 25, or the commissioner of telecommunications and cable shall, within one year after his service has ceased or terminated on said commission, be employed by, or lobby said commission on behalf of, any company or regulated industry over which said commission had jurisdiction during the tenure of such member of the commission.


CREDIT(S)


Added by St.1997, c. 164, § 291. Amended by St.2008, c. 522, §§ 46, 47, eff. April 15, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 9


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 9. Avoiding, rescinding or canceling state agency actions resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, any violation of sections 2 to 8, inclusive, or section 23 which has substantially influenced the action taken by any state agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action on such terms as the interests of the commonwealth and innocent third persons shall require.


(b) In addition to the remedies set forth in subsection (a), the state ethics commission upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of sections 2 to 8, inclusive, or section 23, may issue an order: (1) requiring the violator to pay the commission on behalf of the commonwealth damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.


The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the state ethics commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 12; St.2009, c. 28, § 70, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 10. Opinions of state ethics commission


The state ethics commission shall issue opinions interpreting the requirements of this chapter in accordance with clause (g) of section three of chapter two hundred and sixty-eight B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 13; St.1984, c. 189, § 164.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 11


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 11. County employees; receiving or requesting compensation from, or acting as agent or attorney for other than county agency


(a) No county employee shall, otherwise than as provided for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than a county or a county agency in relation to any particular matter in which a county agency is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No county employee shall, otherwise than as provided by law for the proper discharge of official duties, act as agent or attorney for anyone other than a county or a county agency in prosecuting any claim against a county or county agency, or as agent or attorney for anyone in connection with any particular matter in which a county or county agency is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2  years, or both.

A county employee shall be subject to paragraphs (a) and (c) only in relation to the county of which he is an employee. A special county employee shall be subject to said paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a county employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the county agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a county employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a county employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a county employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the state or county official responsible for appointment to his position approves.


This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee's department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.


This section shall not prevent a county employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prohibit a county employee from holding an elective or appointive office in a city, town or district nor in any way prohibit such an employee from performing the duties or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which he is employed or over which such employee has official responsibility.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 14; St.1980, c. 10, § 2; St.1982, c. 612, § 8; St.2009, c. 28, § 71, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 12


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 12. Former county employees; acting as attorney or receiving compensation from other than county; partners of employees or former employees or legislators


(a) A former county employee who knowingly acts as agent or attorney for or receives compensation directly or indirectly from anyone other than a county or a county agency in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which he participated as a county employee while so employed, or


(b) A former county employee who, within one year after his last employment has ceased, appears personally before any agency of the county as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and which was under his official responsibility as a county employee at any time within a period of two years prior to the termination of his employment, or


(c) A partner of a former county employee who knowingly engages, during a period of one year following the termination of the latter's employment by the county, in any activity in which the former county employee is himself prohibited from engaging by clause (a), or


(d) A partner of a county employee who knowingly acts as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which the county employee participates or has participated as a county employee or which is the subject of his official responsibility, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

If a partner of a special county employee or of a former county employee is also a member of another partnership in which the special or former employee has no interest, activities of the latter partnership in which the special or former employee takes no part shall not thereby be subject to clause (c) or (d).


This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee's department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 15; St.1982, c. 612, § 9; St.2009, c. 28, § 72, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 13


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 13. Financial interest of county employee, relatives or associates; disclosure


(a) Except as permitted by paragraph (b), a county employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

(b) Any county employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either


(1) assign the particular matter to another employee; or


(2) assume responsibility for the particular matter; or


(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the county may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the county employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 16; St.2009, c. 28, § 73, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 14


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 14. County employees; financial interest in contracts of county agency


A county employee who has a financial interest, directly or indirectly, in a contract made by a county agency of the same county, in which the county or a county agency is an interested party of which financial interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a county employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a county employee who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made through competitive bidding and his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, or (c) to a special county employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the county commissioners approve the exemption of his interest from this section.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 17; St.1982, c. 612, § 10; St.2009, c. 28, § 74, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 15


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 15. Avoiding, rescinding or canceling county agency actions resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, a violation of section 2, 3, 8, or sections 11 to 14, inclusive, or section 23 which has substantially influenced the action taken by any county agency in any particular matter, shall be grounds for avoiding, rescinding, or canceling the action on such terms as the interests of the county and innocent third persons shall require.


(b) In addition to the remedies set forth in subsection (a), the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of section 2, 3, 8, sections 11 to 14, inclusive, or section 23, issue an order (1) requiring the violator to pay the commission on behalf of the county damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general and the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.


The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 18; St.2009, c. 28, § 75, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 15A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 15A. Members of county commission or board; restrictions on appointments to certain positions


No member of a county commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


CREDIT(S)


Added by St.1967, c. 887, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 16. Repealed, 1978, 210, Sec. 19



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 17


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 17. Municipal employees; gift or receipt of compensation from other than municipality; acting as agent or attorney


(a) No municipal employee shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the city or town or municipal agency in relation to any particular matter in which the same city or town is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No municipal employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the city or town or municipal agency in prosecuting any claim against the same city or town, or as agent or attorney for anyone in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

A special municipal employee shall be subject to paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a municipal employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the municipal agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a special municipal employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a municipal employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a municipal employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the official responsible for appointment to his position approves.


This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee's department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.


This section shall not prevent a municipal employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prevent a municipal employee from applying on behalf of anyone for a building, electrical, wiring, plumbing, gas fitting or septic system permit, nor from receiving compensation in relation to any such permit, unless such employee is employed by or provides services to the permit-granting agency or an agency that regulates the activities of the permit-granting agency.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1998, c. 100; St.2009, c. 28, § 76, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 18


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 18. Former municipal employee; acting as attorney or receiving compensation; from other than municipality; partners


(a) A former municipal employee who knowingly acts as agent or attorney for or receives compensation, directly or indirectly from anyone other than the same city or town in connection with any particular matter in which the city or town is a party or has a direct and substantial interest and in which he participated as a municipal employee while so employed, or (b) a former municipal employee who, within one year after his last employment has ceased, appears personally before any agency of the city or town as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and which was under his official responsibility as a municipal employee at any time within a period of two years prior to the termination of his employment, or (c) a partner of a former municipal employee who knowingly engages, during a period of one year following the termination of the latter's employment by the city or town, in any activity in which the former municipal employee is himself prohibited from engaging by clause (a), or (d) a partner of a municipal employee who knowingly acts as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which the municipal employee participates or has participated as a municipal employee or which is the subject of his official responsibility, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

If a partner of a former municipal employee or of a special municipal employee is also a member of another partnership in which the former or special employee has no interest, the activities of the latter partnership in which the former or special employee takes no part shall not thereby be subject to clause (c) or (d).


Notwithstanding the provisions of clause (b), a former town counsel who acted in such capacity on a salary or retainer of less than two thousand dollars per year shall be prohibited from appearing personally before any agency of the city or town as agent or attorney for anyone other than the city or town only in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which he participated while so employed.


This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee's department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 77, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 19


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 19. Municipal employees, relatives or associates; financial interest in particular matter


(a) Except as permitted by paragraph (b), a municipal employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2  years, or both.

(b) It shall not be a violation of this section (1) if the municipal employee first advises the official responsible for appointment to his position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, or (2) if, in the case of an elected municipal official making demand bank deposits of municipal funds, said official first files, with the clerk of the city or town, a statement making full disclosure of such financial interest, or (3) if the particular matter involves a determination of general policy and the interest of the municipal employee or members of his immediate family is shared with a substantial segment of the population of the municipality.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1965, c. 395; St.1982, c. 612, § 11; St.2009, c. 28, § 78, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 20


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 20. Municipal employees; financial interest in contracts; holding one or more elected positions


(a) A municipal employee who has a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which the city or town is an interested party of which financial interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both.

This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a municipal employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a municipal employee who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the municipal employee files with the clerk of the city or town a statement making full disclosure of his interest and the interest of his immediate family, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the municipal employee, (2) the services are not required as part of the municipal employee's regular duties, the employee is compensated for not more than five hundred hours during a calendar year, (3) the head of the contracting agency makes and files with the clerk of the city or town a written certification that no employee of that agency is available to perform those services as part of their regular duties, and (4) the city council, board of selectmen or board of aldermen approve the exemption of his interest from this section, or (c) to a special municipal employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the clerk of the city or town a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (d) to a special municipal employee who files with the clerk of the city, town or district a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the city council or board of aldermen, if there is no city council, board of selectmen or the district prudential committee, approve the exemption of his interest from this section, or (e) to a municipal employee who receives benefits from programs funded by the United States or any other source in connection with the rental, improvement, or rehabilitation of his residence to the extent permitted by the funding agency, or (f) to a municipal employee if the contract is for personal services in a part time, call or volunteer capacity with the police, fire, rescue or ambulance department of a fire district, town or any city with a population of less than thirty-five thousand inhabitants; provided, however, that the head of the contracting agency makes and files with the clerk of the city, district or town a written certification that no employee of said agency is available to perform such services as part of his regular duties, and the city council, board of selectmen, board of aldermen or district prudential committee approve the exemption of his interest from this section or (g) to a municipal employee who has applied in the usual course and is otherwise eligible for a housing subsidy program administered by a local housing authority, unless the employee is employed by the local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs or (h) to a municipal employee who is the owner of residential rental property and rents such property to a tenant receiving a rental subsidy administered by a local housing authority, unless such employee is employed by such local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs.


This section shall not prohibit an employee or an official of a town from holding the position of selectman in such town nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right to choose which compensation he shall receive; provided, further, that no such selectman may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and, provided further, that no such selectman shall be eligible for appointment to any such additional position while he is still a member of the board of selectmen or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by any municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.


This section shall not prohibit any elected official in a town, whether compensated or uncompensated for such elected position, from holding one or more additional elected positions, in such town, whether such additional elected positions are compensated or uncompensated.


This section shall not prohibit an employee of a municipality with a city or town council form of government from holding the elected office of councillor in such municipality, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office; provided, however, that no such councillor may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and provided, further, that no councillor shall be eligible for appointment to such additional position while a member of said council or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by a municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling such action on such terms as the interest of the municipality and innocent third parties require. No such elected councillor shall receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive.


This section shall not prohibit an employee of a housing authority in a municipality from holding any elective office, other than the office of mayor, in such municipality nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such elected officer shall not, except as otherwise expressly provided, receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive; provided further that no such elected official may vote or act on any matter which is within the purview of the housing authority by which he is employed; and provided further that no such elected official shall be eligible for appointment to any such additional position while he is still serving in such elective office or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by the housing authority in any matter shall be grounds for avoiding, rescinding, or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.


This section shall not prohibit an employee in a town having a population of less than three thousand five hundred persons from holding more than one appointed position with said town, provided that the board of selectmen approves the exemption of his interest from this section.


<[ There is no subsection (b).] >


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1979, c. 135; St.1982, c. 107; St.1982, c. 612, § 12; St.1983, c. 481; St.1984, c. 459; St.1985, c. 98; St.1985, c. 252, §§ 3, 4; St.1985, c. 415; St.1987, c. 374, § 2; St.1987, c. 497; St.1989, c. 262, §§ 2, 3; St.1999, c. 7, § 3; St.2009, c. 28, § 79, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21. Avoiding, rescinding or canceling municipal action resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, a finding by the commission pursuant to an adjudicatory proceeding that there has been any violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, which has substantially influenced the action taken by any municipal agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action of said municipal agency upon request by said municipal agency on such terms as the interests of the municipality and innocent third persons require.


(b) In addition to the remedies set forth in subsection (a), the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, may issue an order (1) requiring the violator to pay the commission on behalf of the municipality damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation. The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1982, c. 612, § 13; St.2009, c. 28, § 80, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21A. Members of municipal commission or board; restrictions on appointments to certain positions


Except as hereinafter provided, no member of a municipal commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


The provisions of this section shall not apply to a member of a town commission or board, if such appointment or election has first been approved at an annual town meeting of the town.


CREDIT(S)


Added by St.1967, c. 887, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21B. Prospective municipal appointees; demanding undated resignations prohibited


No mayor, city manager, or town manager shall require a prospective appointee to a board, commission or position under his jurisdiction to submit as a condition precedent to said appointment an undated resignation from said board, commission or position. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.


CREDIT(S)


Added by St.1973, c. 810.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 22. Opinions of corporation counsel, city solicitor or town counsel


Any municipal employee shall be entitled to the opinion of the corporation counsel, city solicitor or town counsel upon any question arising under this chapter relating to the duties, responsibilities and interests of such employee. All requests for such opinions by a subordinate municipal employee shall be made in confidence directly to the chief officer of the municipal agency in which he is employed, who shall in turn request in confidence such opinion of the corporation counsel, city solicitor or town counsel on behalf of such subordinate municipal employee, and all constitutional officers and chief officers or heads of municipal agencies may make direct confidential requests for such opinions on their own account. The town counsel or city solicitor shall file such opinion in writing with the city or town clerk and such opinion shall be a matter of public record; however, no opinion will be rendered by the town counsel or city solicitor except upon the submission of detailed existing facts which raise a question of actual or prospective violation of any provision of this chapter.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1964, c. 408.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 23


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 23. Supplemental provisions; standards of conduct


(a) In addition to the other provisions of this chapter, and in supplement thereto, standards of conduct, as hereinafter set forth, are hereby established for all state, county, and municipal employees.


(b) No current officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:


(1) accept other employment involving compensation of substantial value, the responsibilities of which are inherently incompatible with the responsibilities of his public office;


(2) (i) solicit or receive anything of substantial value for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee's official position; or (ii) use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;


(3) act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion; or


(4) present a false or fraudulent claim to his employer for any payment or benefit of substantial value.


(c) No current or former officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:


(1) accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority;


(2) improperly disclose materials or data within the exemptions to the definition of public records as defined by section seven of chapter four, and were acquired by him in the course of his official duties nor use such information to further his personal interest.


(d) Any activity specifically exempted from any of the prohibitions in any other section of this chapter shall also be exempt from the provisions of this section. The state ethics commission, established by chapter two hundred and sixty-eight B, shall not enforce the provisions of this section with respect to any such exempted activity.


(e) Where a current employee is found to have violated the provisions of this section, appropriate administrative action as is warranted may also be taken by the appropriate constitutional officer, by the head of a state, county or municipal agency. Nothing in this section shall preclude any such constitutional officer or head of such agency from establishing and enforcing additional standards of conduct.


(f) The state ethics commission shall adopt regulations: (i) defining substantial value; provided, however, that substantial value shall not be less than $50; (ii) establishing exclusions for ceremonial privileges and exemptions; (iii) establishing exclusions for privileges and exemptions given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1975, c. 508; St.1982, c. 612, § 14; St.1983, c. 409; St.1986, c. 12, § 2; St.2009, c. 28, §§ 81 to 83, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 23A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 23A. Trustees of public institutions of higher learning; prohibited positions


No trustee of any public institution of higher education operated by the commonwealth shall be eligible to be appointed to or hold any other office or position with said institution for a period of three years next after the termination of his services as such trustee, or in the case of an elected student trustee at said institution, for a period of one year next after the termination of his services as such trustee; provided, however, that any such elected student trustee may accept and hold part-time employment at said institution while a student thereat, and provided further, that a trustee may be appointed to or hold an unpaid office or position with said institution after his services as such trustee.


CREDIT(S)


Added by St.1964, c. 389. Amended by St.1973, c. 775; St.1974, c. 330.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 24. Disclosures and certifications; form; public inspection


All disclosures and certifications provided for in this chapter and made in accordance with its provisions shall be made in writing and, unless otherwise specifically provided in this chapter, shall be kept open to inspection by the public by the official with whom such disclosure has been filed.


CREDIT(S)


Added by St.1962, c. 779, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 25


Effective: July 1, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 25. Suspension of persons under indictment for misconduct in office; notice; compensation and fringe benefits; temporary replacements; reinstatement


An officer or employee of a county, city, town or district, howsoever formed, including, but not limited to, regional school districts and regional planning districts, or of any department, board, commission or agency thereof may, during any period such officer or employee is under indictment for misconduct in such office or employment or for misconduct in any elective or appointive public office, trust or employment at any time held by him, be suspended by the appointing authority, whether or not such appointment was subject to approval in any manner. Notice of said suspension shall be given in writing and delivered in hand to said person or his attorney, or sent by registered mail to said person at his residence, his place of business, or the office or place of employment from which he is being suspended. Such notice so given and delivered or sent shall automatically suspend the authority of such person to perform the duties of his office or employment until he is notified in like manner that his suspension is removed. A copy of any such notice together with an affidavit of service shall be filed as follows: in the case of a county, with the clerk of the superior court of the county in which the officer or employee is employed; in the case of a city, with the city clerk; in the case of a town, with the town clerk; in the case of a regional school district, with the secretary of the regional school district; and in the case of all other districts, with the clerk of the district.


Any person so suspended shall not receive any compensation or salary during the period of suspension, nor shall the period of his suspension be counted in computing his sick leave or vacation benefits or seniority rights, nor shall any person who retires from service while under such suspension be entitled to any pension or retirement benefits, notwithstanding any contrary provisions of law, but all contributions paid by him into a retirement fund, if any, shall be returned to him, subject to section 15 of chapter 32. The employer of a person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.


A suspension under this section shall not, in any way, be used to prejudice the rights of the suspended person either civilly or criminally. During the period of any such suspension, the appointing authority may fill the position of the suspended officer or employee on a temporary basis, and the temporary officer or employee shall have all the powers and duties of the officer or employee suspended.


Any such temporary officer or employee who is appointed as a member of a board, commission or agency may be designated as chairman.


If the criminal proceedings against the person suspended are terminated without a finding or verdict of guilty on any of the charges on which he was indicted, his suspension shall be forthwith removed, and he shall receive all compensation or salary due him for the period of his suspension, and the time of his suspension shall count in determining sick leave, vacation, seniority and other rights, and shall be counted as creditable service for purposes of retirement.


CREDIT(S)


Added by St.1972, c. 257. Amended by St.2004, c. 149, § 210, eff. July 1, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 26


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 26. Penalty for violations of clause (b)(2) or (b)(4) of Sec. 23


(a) Any person who, directly or through another, with fraudulent intent, violates clause (2) or (4) of subsection (b) of section 23, or any person who, with fraudulent intent, causes any other person to violate said clauses (2) or (4) of said subsection (b) of said section 23 or with fraudulent intent offers or gives any privileges or exemptions of substantial value in violation of said clause (2) or (4) of said subsection (b) of said section 23, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/

 
2 years, or both, if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12 month period.

<[ There is no subsection (b).]>


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 27


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 27. Publication of summaries of Chapter 268A; filing of acknowledgment by employees


The commission shall prepare, and update as necessary, summaries of this chapter for state, county, and municipal employees, respectively, which the commission shall publish on its official website. Every state, county and municipal employee shall, within 30 days of becoming such an employee, and on an annual basis thereafter, be furnished with a summary of this chapter prepared by the commission and sign a written acknowledgment that he has been provided with such a summary. Municipal employees shall be furnished with the summary by, and file an acknowledgment with, the city or town clerk. Appointed state and county employees shall be furnished with the summary by, and file an acknowledgment with, the employee's appointing authority or his designee. Elected state and county employees shall be furnished with the summary by, and file an acknowledgment with, the commission. The commission shall establish procedures for implementing this section and ensuring compliance.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 28


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 28. Online training programs


The state ethics commission shall prepare and update from time to time the following online training programs, which the commission shall publish on its official website: (1) a program which shall provide a general introduction to the requirements of this chapter; and (2) a program which shall provide information on the requirements of this chapter applicable to former state, county, and municipal employees. Every state, county, and municipal employee shall, within 30 days after becoming such an employee, and every 2 years thereafter, complete the online training program. Upon completion of the online training program, the employee shall provide notice of such completion to be retained for 6 years by the appropriate employer.


The commission shall establish procedures for implementing this section and ensuring compliance.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 29


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 29. Municipal liaisons to state ethics commission


Each municipality, acting through its city council, board of selectmen, or board of aldermen, shall designate a senior level employee of the municipality as its liaison to the state ethics commission. The municipality shall notify the commission in writing of any change to such designation within 30 days of such change. The commission shall disseminate information to the designated liaisons and conduct educational seminars for designated liaisons on a regular basis on a schedule to be determined by the commission in consultation with the municipalities.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session


Chapter 609. Criminal Code Crimes Affecting Public Officer or Employee

Tags:21 MN (1.7%)

M.S.A. § 609.435



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.435. Officer not filing security


Whoever intentionally performs the functions of a public officer without having executed and duly filed the required security is guilty of a misdemeanor.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1971, c. 23, § 46, eff. March 5, 1971.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.44



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.44. Public office; illegally assuming; nonsurrender


Whoever intentionally and without lawful right thereto, exercises a function of a public office or, having held such office and the right thereto having ceased, refuses to surrender the office or its seal, books, papers, or other incidents to a successor or other authority entitled thereto may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11, eff. May 3, 1984; Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.445



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.445. Failure to pay over state funds


Whoever receives money on behalf of or for the account of the state or any of its agencies or subdivisions and intentionally refuses or omits to pay the same to the state or its agency or subdivision entitled thereto, or to an officer or agent authorized to receive the same, may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11, eff. May 3, 1984; Laws 1989, c. 290, art. 6, § 17, eff. Aug. 1, 1989.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.45



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.45. Public officer; unauthorized compensation


Whoever is a public officer or public employee and under color of office or employment intentionally asks, receives, or agrees to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed, is guilty of a misdemeanor.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1971, c. 23, § 47, eff. March 5, 1971; Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.455



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.455. Permitting false claims against government


A public officer or employee who audits, allows, or pays any claim or demand made upon the state or subdivision thereof or other governmental instrumentality within the state which the public officer or employee knows is false or fraudulent in whole or in part, may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11, eff. May 3, 1984; Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.456



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Affecting Public Officer or Employee

609.456. Reporting to state auditor and legislative auditor required


 

<Text of subd. 1 effective until August 1, 2013.>


Subdivision 1. State auditor. Whenever a public employee or public officer of a political subdivision or charter commission discovers evidence of theft, embezzlement, unlawful use of public funds or property, or misuse of public funds by a charter commission or any person authorized to expend public funds, the employee or officer shall promptly report to law enforcement and shall promptly report in writing to the state auditor a detailed description of the alleged incident or incidents. Notwithstanding chapter 13 or any other statute related to the classification of government data, the public employee or public officer shall provide data or information related to the alleged incident or incidents to the state auditor and law enforcement, including data classified as not public.


<Text of subd. 1 effective August 1, 2013.>


Subdivision 1. State auditor. Whenever a public employee or public officer of a political subdivision , charter commission, or local public pension plan governed by sections 69.77 or 69.771 to 69.775 or chapter 354A, discovers evidence of theft, embezzlement, unlawful use of public funds or property, or misuse of public funds by a charter commission or any person authorized to expend public funds, the employee or officer shall promptly report to law enforcement and shall promptly report in writing to the state auditor a detailed description of the alleged incident or incidents. Notwithstanding chapter 13 or any other statute related to the classification of government data, the public employee or public officer shall provide data or information related to the alleged incident or incidents to the state auditor and law enforcement, including data classified as not public.


Subd. 2. Legislative auditor. Whenever an employee or officer of the state, University of Minnesota, or other organization listed in section 3.971, subdivision 6, discovers evidence of theft, embezzlement, or unlawful use of public funds or property, the employee or officer shall, except when to do so would knowingly impede or otherwise interfere with an ongoing criminal investigation, promptly report in writing to the legislative auditor a detailed description of the alleged incident or incidents.



CREDIT(S)


Laws 1992, c. 592, § 17. Amended by Laws 1999, c. 99, §§ 21, 23, eff. April 27, 1999; Laws 2002, c. 352, § 14; Laws 2013, c. 35, § 1, eff. Aug. 1, 2013.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74


Chapter 576. Offenses Affecting Government

Tags:18 MO (1.9%)

V.A.M.S. 576.040


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 576. Offenses Affecting Government (Refs & Annos)

576.040. Official misconduct


1. A public servant, in his public capacity or under color of his office or employment, commits the crime of official misconduct if:


(1) He knowingly discriminates against any employee or any applicant for employment on account of race, creed, color, sex or national origin, provided such employee or applicant possesses adequate training and educational qualifications;


(2) He knowingly demands or receives any fee or reward for the execution of any official act or the performance of a duty imposed by law or by the terms of his employment, that is not due, or that is more than is due, or before it is due;


(3) He knowingly collects taxes when none are due, or exacts or demands more than is due;


(4) He is a city or county treasurer, city or county clerk, or other municipal or county officer, or judge of a municipal or county commission, and knowingly orders the payment of any money, or draws any warrant, or pays over any money for any purpose other than the specific purpose for which the same was assessed, levied and collected, unless it is or shall have become impossible to use such money for that specific purpose;


(5) He is an officer or employee of any court and knowingly charges, collects or receives less fee for his services than is provided by law;


(6) He is an officer or employee of any court and knowingly directly or indirectly buys, purchases or trades for any fee taxed or to be taxed as costs in any court of this state, or any county warrant, at less than par value which may be by law due or to become due to any person by or through any such court;


(7) He is a county officer, deputy or employee and knowingly traffics for or purchases at less than the par value or speculates in any court warrant issued by order of the county commission of his county, or in any claim or demand held against such county.


2. Official misconduct is a class A misdemeanor.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 576.050


Effective: August 28, 2009


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 576. Offenses Affecting Government (Refs & Annos)

576.050. Misuse of official information


1. A public servant commits the crime of misuse of official information if, in contemplation of official action by himself or herself or by a governmental unit with which he or she is associated, or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, he or she knowingly:


(1) Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or


(2) Speculates or wagers on the basis of such information or official action; or


(3) Aids, advises or encourages another to do any of the foregoing with purpose of conferring a pecuniary benefit on any person.


2. A person commits the crime of misuse of official information if he or she knowingly or recklessly obtains or discloses information from the Missouri uniform law enforcement system (MULES) or the National Crime Information Center System (NCIC), or any other criminal justice information sharing system that contains individually identifiable information for private or personal use, or for a purpose other than in connection with their official duties and performance of their job.


3. Misuse of official information is a class A misdemeanor.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.2005, H.B. No. 353, § A; L.2009, H.B. No. 62, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


Chapter 643. Abuse of Office

Tags:42 NH (0.4%)

N.H. Rev. Stat. T. LXII, Ch. 643, Refs & Annos


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F)

Chapter 643. Abuse of Office



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 643:1


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 643. Abuse of Office (Refs & Annos)

 643:1 Official Oppression.


A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 643:2


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 643. Abuse of Office (Refs & Annos)

 643:2 Misuse of Information.


A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, he:


I. Acquires or divests himself of a pecuniary interest in any property, transaction or enterprise which may be affected by such action or information; or


II. Speculates or wagers on the basis of such action or information; or


III. Knowingly aids another to do any of the foregoing.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services


Chapter 11. Offenses Involving Public Officials

Tags:31 MS (1.0%)

Miss. Code Ann. § 97-11-1


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-1. Making false entries in or altering public records



If any clerk of any court, or public officer or any other person, shall wittingly make any false entry, or erase any work or letter, or change any record belonging to any court or public office, whether in his keeping or not, he shall, on conviction thereof, be imprisoned in the penitentiary for a term not exceeding ten years, and be liable to the action of the party aggrieved.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-3


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-3. Criminal defense by attorney general or district attorneys



If the attorney general or any district attorney shall, in any manner, consult, advise, counsel, or defend, within this state, a person charged with a crime or misdemeanor or the breach of a penal statute, he shall, on conviction, be fined in a sum not exceeding five hundred dollars, be removed from office, and rendered incapable thereafter of filling any office of profit or honor in this state.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-5


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-5, 97-11-7. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-7


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-5, 97-11-7. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-9


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-9. Approving official bond with insufficient sureties



If any officer shall approve any official bond, knowing or having good reason to believe the sureties to be insufficient, he shall, upon conviction, be punished by fine or imprisonment, or both, the fine not to exceed five hundred dollars, and the imprisonment not to exceed six months in the county jail.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-11


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-11. Bribery of officer, agent, trustee or candidate



Every person who shall promise, offer or give to any officer, agent or trustee, either public or private, while holding such office, agency or trust, or after he has become a candidate or applicant for the same, any money, goods, chattels, right in action, or other property, real or personal, with intent to influence his vote, opinion, action or judgment on any question, matter, cause or proceeding which may be then pending, or may be thereafter subject to vote, opinion, action or judgment of such officer, agent or trustee, shall, on conviction, be imprisoned in the penitentiary not more than ten (10) years, or fined not more than Five Thousand Dollars ($5,000.00), or both, and shall be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held.




CREDIT(S)


Laws 1995, Ch. 463, § 1, eff. July 1, 1995.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-13


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-13. Acceptance of bribe by officer, agent or trustee



If any officer, agent or trustee shall accept any gift, offer or promise, prohibited by Section 97-11-11, he shall, on conviction, be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held, and be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both.




CREDIT(S)


Laws 1995, Ch. 463, § 2, eff. July 1, 1995.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-15


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-15. Failing or refusing to send certificate of appeal



Any clerk of a circuit court who shall wilfully or negligently fail or refuse to send up the certificate of appeal, as provided in section 99-35-121, Mississippi Code of 1972, within the time required, shall be guilty of a misdemeanor and upon conviction therefor shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment in the county jail for not more than three months, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-17


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-17. Clerk's neglecting or refusing to give certified copies



If any clerk shall neglect or refuse to make out and deliver within a reasonable time to the person having demanded and paid in advance the statutory charge for a certified copy of any paper, record, judgment, decree or entry on file, which is lodged or remaining in his office, such clerk shall be guilty of a misdemeanor in office.




CREDIT(S)


Laws 1971, Ch. 487, § 1, eff. from and after passage (approved March 31, 1971).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-19


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-19, 97-11-21. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-21


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-19, 97-11-21. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-23


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-23. Drunkenness



Any officer who shall be guilty of habitual drunkenness, or who shall be drunk while in the actual discharge of the duties of his office, or when called on to perform them, may be indicted therefor, and, upon conviction, shall be removed from office.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-25


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-25. Embezzlement; conversion of property



If any state officer or any county officer, or an officer in any district or subdivision of a county, or an officer of any city, town or village, or a notary public, or any other person holding any public office or employment, or any executor, administrator or guardian, or any trustee of an express trust, any master or commissioner or receiver, or any attorney at law or solicitor, or any bank or collecting agent, or other person engaged in like public employment, or any other person undertaking to act for others and intrusted by them with business of any kind, or with money, shall unlawfully convert to his own use any money or other valuable thing which comes to his hands or possession by virtue of his office or employment, or shall not, when lawfully required to turn over such money or deliver such thing, immediately do so according to his legal obligation, he shall, on conviction, be committed to the department of corrections for not more than twenty (20) years, or be fined not more than five thousand dollars ($5,000.00).




CREDIT(S)


Laws 1979, Ch. 508, § 13, eff. November 15, 1979.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-27


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-27. Embezzlement; withholding property from successor



If any officer or agent of this state, or of any county or subdivision of a county, or of any city, town, or village therein, in whose hands money, books, records, papers, or anything else required by law to be delivered by him to his successor in office or other person authorized by law to receive or have charge of the same, may be, shall wilfully and not in good faith refuse or neglect, on demand, to so deliver the same, he shall, on conviction, be imprisoned in the penitentiary not more than ten years, or be fined not more than one thousand dollars and be imprisoned in the county jail not more than one year.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-29


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-29. Embezzlement; false entries



The state treasurer, auditor of public accounts, assessors and collectors of taxes, and all other state and county officers, and officers of cities, towns and villages, shall make and keep in their offices, subject to inspection at all times, an accurate entry of each and every sum of public money, securities, stocks, or other public money whatever, by them received, transferred, or disbursed; and if any of said officers, either municipal, county or state, or a clerk, agent or employee of such officers, shall willfully and fraudulently make any false entry therein or make any certificate or endorsement of any warrant on the treasury that the same is genuine, when the same is in fact not a genuine warrant, or shall loan any portion of the public moneys, securities, stocks, or other public property intrusted to him, for any purpose whatever, or shall, by willful act or omission of duty whatever, defraud, or attempt to defraud, the state, or any county, city, town or village, of any moneys, security, or property, he shall, on conviction thereof, be guilty of embezzlement, and fined not less than double the amount or value of the moneys, security, stock or other property so embezzled, or committed to the department of corrections for not more than ten (10) years, or both.




CREDIT(S)


Laws 1979, Ch. 508, § 14, eff. November 15, 1979.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-31


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-31. Fraud or embezzlement committed in public office



If any officer, or other person employed in any public office, shall commit any fraud or embezzlement therein, he shall be committed to the department of corrections for not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both.




CREDIT(S)


Laws 1979, Ch. 508, § 15, eff. November 15, 1979.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-33


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-33. Collection of unauthorized fees



If any judge, justice court judge, sheriff, deputy sheriff, sheriff's employee, constable, assessor, collector, clerk, county medical examiner, county medical examiner investigator, employee of the Mississippi Department of Corrections, employee of any contractor providing incarceration services or any other officer, shall knowingly demand, take or collect, under color of his office, any money fee or reward whatever, not authorized by law, or shall demand and receive, knowingly, any fee for service not actually performed, such officer, so offending, shall be guilty of extortion, and, on conviction, shall be punished by fine not exceeding Five Thousand Dollars ($5,000.00), or imprisonment for not more than five (5) years, or both, and shall be removed from office.




CREDIT(S)


Laws 1979, Ch. 508, § 16; Laws 1986, Ch. 459, § 40; Laws 1997, Ch. 431, § 1; Laws 1997, Ch. 462, § 1, eff. July 1, 1997.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-35


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-35. Failure to return offenders



If any judge, justice court judge, constable, member of the board of supervisors, sheriff, or other peace officer, shall wilfully neglect or refuse to return any person committing any offense against the laws, committed in his view or knowledge, or of which he has any notice, or shall wilfully absent himself when such offense is being or is about to be committed, for the purpose of avoiding a knowledge of the same, he shall, on conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and may, in the discretion of the court, be removed from office.




CREDIT(S)


Laws 1986, Ch. 459, § 41, eff. July 1, 1986.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-37


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-37. Failing, neglecting or refusing to perform duty



If any person, being sheriff, clerk of any court, constable, assessor, or collector of taxes, or holding any county office whatever, or mayor, marshal, or constable, or any other officer of any city, town, or village, shall knowingly or wilfully fail, neglect, or refuse to perform any of the duties required of him by law, or shall fail or refuse to keep any record required to be kept by law, or shall secrete the same, or shall violate his duty in any respect, he shall, on conviction thereof, be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned in the county jail not exceeding six (6) months, or both.




CREDIT(S)


Laws 1986, Ch. 459, § 42, eff. July 1, 1986.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-39


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-39. Offer to resign to evade lawful order of superior officer



Any officer who shall offer to resign in order to evade obedience to a lawful order of his superior officer, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed one hundred dollars or by imprisonment in the county jail not to exceed sixty days, or by both such fine and imprisonment, at the discretion of the court and in addition thereto, if the conviction be by a military court, he may be dismissed from the service of the state or suffer such punishment as the court martial may decide.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-41


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-41. Performance of duties before oath



If any person elected to any office shall undertake to exercise the same or discharge the duties thereof without first having taken the oath of office or given bond as required by law, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than five hundred dollars, or imprisoned in the county jail not longer than one year, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-43


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-43. Officials to pay standard railroad fares



If any officer, state, county, district, or municipal, except the Public Service Commissioners when in the actual discharge of official duties, shall travel or ride upon any railroad without paying absolutely and without any guile, trick, subterfuge, or evasion whatsoever, the same fare required of passengers generally, or if any railroad company, or officer or employee of any railroad company, shall permit any such state, county, district, or municipal officer, except Public Service Commissioners when in the actual discharge of official duties, to so travel or ride, he or it shall be guilty of a misdemeanor, and shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than sixty days, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-45


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-45. Maintenance of duplicate tax receipts by tax collector



Any tax collector who shall fail to fill up, in case of the payment of taxes to him, the duplicate tax receipt required by law to be filled up by him, or to preserve the book of duplicate receipts filled, or to submit such book or books to the board of supervisors when required, or to deliver such book or books to the clerk of the chancery court shall, upon conviction, be removed from office, and be fined not less than one thousand dollars, and be imprisoned in the county jail not less than six months; and any clerk who shall refuse to receive or receipt for such book or books when delivered or tendered to him, or to preserve the same as a record of his office, shall be fined not more than three hundred dollars, and imprisoned in the county jail not exceeding three months.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-47


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-47. Failure to settle, by tax collector



Any tax collector who shall wilfully fail or refuse for ten days after the time appointed by law for any monthly payment or final settlement, to make the same, shall be guilty of a misdemeanor, and, on conviction, he shall be removed from office and fined not exceeding one thousand dollars.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-49


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-49. Collection of privilege tax without issuing auditor's license



If any tax collector, or deputy or agent of any tax collector, shall collect any privilege tax without issuing to the party from whom the tax is collected the auditor's license therefor as provided for by law, he shall, on conviction, be fined not less than double the amount of the tax, and be imprisoned in the county jail not less than one (1) week; and if the failure be wilful, he shall be removed from office.




CREDIT(S)


Laws 1968, Ch. 361, § 2, eff. January 1, 1972.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-51


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-51. Trustee or other authority not to incur deficit; emergency exception



It shall be unlawful for the board of trustees or other authority of any state-owned institution maintained in whole or in part by the state, or any state department, having charge of the disbursement or expenditure of the income provided by legislative appropriation and otherwise for such institution or department to expend, contract for the expenditure, or permit the incurring of any liability in excess of the income so provided, and it shall be and is hereby made the duty of any and all such authorities to keep the expenditures and obligations within the amount of said income, but in cases of extreme emergency arising from acts of Providence, epidemics, fire, storm, or flood, said authorities may, upon the written consent of a majority of the members of the state senate, and a majority of the members of the house of representatives and the approval of the governor, exceed such appropriation by the amounts to be so stipulated and agreed upon.



Any authority or member of a board of trustees violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars or imprisoned in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment, and in addition thereto shall be personally liable, and liable on his bond, for the amount of the excess thus unlawfully expended, and shall be removed from office or from such employment.



CREDIT(S)


Laws 1932, Ch. 134, §§ 1, 2, eff. from and after passage (approved April 2, 1932).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-11-53


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-53. Influence of public officials; offering or receiving things of value



As used in this section the following words shall have the following meaning:



(1) Person: individual, firm, corporation, association, partnership or other legal entity.



(2) Public official:



(a) Any elected official of the State of Mississippi or of any political subdivision thereof, or



(b) Any officer, director, commissioner, supervisor, chief, head, agent or employee of:



(i) The State of Mississippi,



(ii) Any agency of the State of Mississippi,



(iii) Any political subdivision of the State of Mississippi,



(iv) Any body politic of the State of Mississippi, or



(v) Any entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the State of Mississippi and which expends public funds.



No person shall directly or indirectly offer, promise, give or agree to give to any public official or his spouse any money, property, or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.



Any person who violates the terms of this section shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both; and in addition such person and the firm, corporation, partnership, association or other type of business entity which he represents shall be barred for a period of five (5) years from the date of conviction from doing business with the State of Mississippi or any political subdivision thereof or any other public entity referred to in this section.



No public official shall directly or indirectly accept, receive, offer to receive or agree to receive any gift, offer, or promise of any money, property or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.



Any public official who violates the terms of this section or whose spouse does so with his knowledge and consent, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both; and in addition, upon conviction such public official shall forfeit his office, if any he hold, and be forever disqualified from holding any public office, trust, appointment or employment with the State of Mississippi or any political subdivision thereof or with any other public entity referred to in this section.



Each violation of the provisions of this section shall constitute a separate offense.



CREDIT(S)


Laws 1974, Ch. 541, § 2, eff. from and after passage (approved April 12, 1974).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. T. 97, Ch. 13, Refs & Annos


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-1


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-1. Influencing voting or election activities



If any elector, manager, clerk or canvasser at any election, or any executive officer attending the same, shall receive any gift, reward, or promise thereof or if any person shall offer such gift, reward, or promise thereof to influence any elector, clerk, canvasser, or any executive officer attending any election in his vote, opinion, action, or judgment in relation to such election, the person so offending shall, on conviction, be imprisoned in the penitentiary not more than two years or in a county jail not more than one year, or be fined one thousand dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-3


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-3. Offering or giving reward to canvasser to procure votes



If any person shall offer or give a reward to another for the purpose of inducing him, by any unlawful means not amounting to bribery, to procure any person to vote at any election for or against any person, the person so giving or offering such reward shall, upon conviction thereof, be imprisoned in the county jail not more than one year, or fined not more than five hundred dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-5


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-5. Unlocked ballot boxes; reading ballots



Any such manager who shall proceed to any election without having the ballot-box locked and secured in the manner directed by law, or who shall open and read or consent to any other person opening and reading any ballot given him to be deposited in the box at such election, before it is put into the box, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding three hundred dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-7


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-7. Unauthorized disposal of ballot box



Any manager of a general or special election who, before the votes are counted, shall dispose of or deposit the ballot-box in a manner not authorized by law, or shall, at any time after the election has begun and before the ballots are counted, give the key of the ballot-box with which he is intrusted to any other, shall, upon conviction, be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding three hundred dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-9


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-9. False entries, false ballots



If any manager or clerk of any general or special election shall knowingly make or consent to any false entry on the list of persons voting, or shall permit to be put in the ballot-box any ballot not given by a voter, or shall take out of such box, or permit to be so taken out, any ballot deposited therein except in the manner prescribed by law, or shall, by any other act or omission, designedly destroy or change the ballots given by the electors, he shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding five years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-11


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-11. Repealed by Laws 1988, Ch. 309, § 1, eff. December 9, 1988



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-13


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-13. Removal of ballots before closing of polls



If any person shall take or remove any ballot from a voting place before the close of the polls, he shall, on conviction, be fined not less than twenty-five dollars nor more than one hundred and fifty dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-15


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-15. Prohibited political contributions by corporations



It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year.




CREDIT(S)


Laws 1978, Ch. 479, § 5, eff. from and after passage (approved April 14, 1978). Amended by Laws 1999, Ch. 301, § 19, eff. January 15, 1999.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-17


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-17. Penalty for illegal corporate contributions



Any corporation, incorporated company or incorporated association, or agent, officer or employee violating any of the provisions of section 97-13-15 shall, upon conviction, be fined not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00).




CREDIT(S)


Laws 1978, Ch. 479, § 6, eff. from and after passage (approved April 14, 1978).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-18


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-18. Foreign national contributions for elections prohibited



(1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.



(2) No person shall solicit, accept or receive any such contribution from a foreign national.



(3) The term foreign national means:



(a) A foreign principal as defined in 22 USCS 611(b), except that the term “foreign national” does not include any individual who is a citizen of the United States; or



(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.



CREDIT(S)


Added by Laws 1999, Ch. 301, § 20, eff. January 15, 1999.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-19


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-19. Voting fraud or neglect, generally



If any manager, clerk, or any other officer whatever, assisting or engaged in conducting any election, or charged with any duty in reference to any election, shall designedly omit to do any official act required by law, or designedly do any illegal act in relation to any general or special election, by which act or omission the votes taken at any such election in any district shall be lost, or the electors thereof shall be deprived of their suffrage at such election, or shall designedly do any act which shall render such election void, or shall be guilty of any corrupt conduct or partiality in his official capacity at such election, he shall, upon conviction, be imprisoned, in the penitentiary for a term not exceeding two years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-21


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-21. Disturbance of elections



If any person shall unlawfully disturb any election for any public office, such person shall be liable to indictment, and, on conviction, may be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-23


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-23. Return of votes cast



If any manager or returning officer shall fail or refuse to make return of the votes cast in any election, as required of him, he shall, on conviction, be imprisoned in the penitentiary not exceeding five years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-25


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-25. False registration as elector



Any person who shall knowingly procure his registration as a qualified elector, when he is not entitled to be registered as such, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be imprisoned in the penitentiary for a term not to exceed ten years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-27


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-27. Misconduct by registrar



If any registrar appointed by law to register votes shall intentionally refuse or neglect to register any voter entitled to registration, or register any voter not entitled to registration, he shall be punished, on conviction, by imprisonment in the penitentiary not less than one year nor more than three years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-29


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-29. Armed troops near election site



It shall not be lawful for any military officer or other persons to order, bring, or keep any troops of armed men at any place within a mile of the place where any general or special election is held, unless it be for the purpose of quelling a riot or insurrection, in the manner provided by law, or for the purpose of defense in time of war; and whoever shall violate the provisions of this section shall, on conviction, be punished by imprisonment in the county jail not exceeding one year, or by fine not less than five hundred dollars, or both; and if the offense shall be committed with intent to influence such election, the person convicted thereof shall be punished by imprisonment in the penitentiary for a term not exceeding two years.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-31


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-31. Assisting or influencing preparation of ballots



If any election officer or other person, except as authorized by law, shall aid or assist, or influence, a voter in preparing a ballot, or shall attempt so to do, he shall, on conviction, be fined not less than ten dollars nor more than two hundred dollars.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-33


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-33. Failure to honestly consider voter qualifications; permitting unqualified persons to vote



When any one who offers to vote at an election shall be objected to by any challenger as a person unqualified to vote, if the manager of such election shall permit him to vote without honestly considering his qualifications, or if any manager shall refuse the vote of such person without honestly considering his qualifications, or if any manager shall knowingly permit an unqualified person to vote, or shall knowingly refuse the vote of a qualified person, he shall, upon conviction, be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding two hundred dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-35


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-35. Illegal voting behavior



Any person who shall vote at any election, not being legally qualified, or who shall vote in more than one county, or at more than one place in any county or in any city, town, or village entitled to separate representation, or who shall vote out of the district of his legal domicile, or who shall vote or attempt to vote in the primary election of one party when he shall have voted on the same date in the primary election of another party, shall be guilty of a misdemeanor, and, on conviction, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not more than six months, or both.




CREDIT(S)


Laws 1964, Ch. 348, § 1, eff. from and after passage (approved May 22, 1964).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-36


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-36. Multiple voting



Any person who shall knowingly vote at any election in more than one (1) county or at more than one (1) place in any county, municipality or other political subdivision with the intent to have more than one (1) vote counted in any election shall be guilty of the crime of multiple voting and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.




CREDIT(S)


Added by Laws 2002, Ch. 590, § 2, eff. July 22, 2002.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-37


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-37. Procurement of votes by intimidation



Whoever shall procure, or endeavor to procure, the vote of any elector, or the influence of any person over other electors, at any election, for himself or any candidate, by means of violence, threats of violence, or threats of withdrawing custom, or dealing in business or trade, or of enforcing the payment of a debt, or of bringing a suit or criminal prosecution, or by any other threat or injury to be inflicted by him, or by his means, shall, upon conviction, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars, or by both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-13-39


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-39. Prevention of voting by intimidation



If any person shall, by illegal force, or threats of force, prevent, or endeavor to prevent, any elector from giving his vote, he shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding two years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or both.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.


Article 23. Misconduct by Officials

Tags:36 NM (0.7%)

N. M. S. A. 1978, Ch. 30, Art. 23, Refs & Annos


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-1


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-1. Demanding illegal fees


Demanding illegal fees consists of any public officer or public employee knowingly asking or accepting anything of value greater than that fixed or allowed by law for the execution or performance of any service or duty.


Whoever commits demanding illegal fees is guilty of a petty misdemeanor.


CREDIT(S)


L. 1963, Ch. 303, § 23-1.


Formerly 1953 Comp., § 40A-23-1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-2. Paying or receiving public money for services not rendered


Paying or receiving public money for services not rendered consists of knowingly making or receiving payment or causing payment to be made from public funds where such payment purports to be for wages, salary or remuneration for personal services which have not in fact been rendered.


Nothing in this section shall be construed to prevent the payment of public funds where such payments are intended to cover lawful remuneration to public officers or public employees for vacation periods or absences from employment because of sickness, or for other lawfully authorized purposes.


Whoever commits paying or receiving public money for services not rendered is guilty of a fourth degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 23-2.


Formerly 1953 Comp., § 40A-23-2.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-3. Making or permitting false public voucher


Making or permitting false public voucher consists of knowingly, intentionally or willfully making, causing to be made or permitting to be made, a false material statement or forged signature upon any public voucher, or invoice supporting a public voucher, with intent that the voucher or invoice shall be relied upon for the expenditure of public money.


Whoever commits making or permitting false public voucher is guilty of a fourth degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 23-3.


Formerly 1953 Comp., § 40A-23-3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-4


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-4. Injunction to restrain unlawful payment of public funds


Any citizen of this state may file suit in the district court to restrain the payment or receipt of public money in violation of Sections 23-2 and 23-3. Jurisdiction to entertain and adjudicate such suits is conferred upon the district courts, and such suits shall be subject to the same rules, statutes and law with respect to procedure, venue and appeals as ordinary civil actions for injunctive relief.


CREDIT(S)


L. 1963, Ch. 303, § 23-4.


Formerly 1953 Comp., § 40A-23-4.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-5


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-5. Unlawful speculation in claims against state


Unlawful speculation in claims against state consists of any public officer or public employee directly or indirectly buying, selling, bartering, dealing in or speculating in or with any certificate, warrant or other evidence of indebtedness issued by the state, a municipality or other political subdivision, unless such certificate, warrant or other evidence of indebtedness shall have been lawfully issued to such person in payment of his salary or in consideration for services rendered by such person for supplies furnished by him.


Whoever commits unlawful speculation in claims against state is guilty of a misdemeanor.


CREDIT(S)


L. 1963, Ch. 303, § 23-5.


Formerly 1953 Comp., § 40A-23-5.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-6


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-6. Unlawful interest in a public contract


Unlawful interest in a public contract consists of:


A. any public officer or public employee receiving anything of value, directly or indirectly, from either a seller or a seller's agents, or a purchaser or a purchaser's agents in connection with the sale or purchase of securities, goods, leases, lands or anything of value by the state or any of its political subdivisions, unless:


(1) prior written consent of the head of the department of the state or political subdivision involved in the transaction is obtained and filed as a matter of public record in the office of secretary of state; and


(2) subsequent to the transaction a statement is filed as a matter of public record in the office of secretary of state by the purchaser or seller giving anything of value to a public officer or public employee and this statement contains the date the services were rendered, the amount of remuneration for the rendered services and the nature of the rendered services;


B. any seller, or his agents, or a purchaser, or his agents, offering to pay or paying anything of value directly or indirectly to a public officer or public employee in connection with the sale or purchase of securities or goods by the state or any of its political subdivisions unless the requirements of Paragraphs (1) and (2) of Subsection A of this section are complied with.


Any person violating the provisions of Subsection B of this section, where such violation forms the basis for prosecution and conviction of a public officer or public employee, shall be disqualified from transacting any business with the state or its political subdivisions for a period of five years from the date of such violation.


Nothing in this section shall prohibit a public officer or public employee from receiving his regular remuneration for services rendered to the state or its political subdivisions in connection with the aforementioned transactions.


Whoever commits unlawful interest in public contracts where the value received by him is fifty dollars ($50.00) or less is guilty of a misdemeanor.


Whoever commits unlawful interest in public contracts where the value received by him is more than fifty dollars ($50.00) is guilty of a fourth degree felony. Any public officer or public employee convicted of a felony hereunder is forever disqualified from employment by the state or any of its political subdivisions.


CREDIT(S)


L. 1963, Ch. 303, § 23-6.


Formerly 1953 Comp., § 40A-23-6.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-23-7


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 23. Misconduct by Officials (Refs & Annos)

§ 30-23-7. Civil damages for engaging in illegal acts


In addition to any criminal penalties imposed by Section 23-6, a public officer or public employee convicted of violating such section shall be liable for anything of value received by him to the department of the state or political subdivision in whose employ or service he was at the time of such violation of that section. Action for recovery of amounts under this section shall be brought in the district court of the county in which any element of the crime occurred. The actions shall be brought in the name of the state for the benefit and use of the department of the state or political subdivision in whose employ or service the public officer or public employee was at the time of the commission of the crime.


CREDIT(S)


L. 1963, Ch. 303, § 23-7.


Formerly 1953 Comp., § 40A-23-7.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



Article 27. Malicious Prosecution, Etc.

Tags:36 NM (0.7%)

N. M. S. A. 1978, § 30-27-1


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-1. Malicious criminal prosecution


Malicious criminal prosecution consists of maliciously procuring or attempting to procure an indictment or otherwise causing or attempting to cause a criminal charge to be preferred or prosecuted against an innocent person, knowing him to be innocent.


Whoever commits malicious criminal prosecution is guilty of a misdemeanor.


CREDIT(S)


L. 1963, Ch. 303, § 27-1.


Formerly 1953 Comp., § 40A-27-1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-27-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-2. Repealed by L. 1999, Ch. 120, § 2, eff. July 1, 1999


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-27-2.1


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-2.1. Impersonating a peace officer


A. Impersonating a peace officer consists of:


(1) without due authority exercising or attempting to exercise the functions of a peace officer; or


(2) pretending to be a peace officer with the intent to deceive another person.


B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.


C. As used in this section, “peace officer” means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.


CREDIT(S)


L. 1999, Ch. 120, § 1, eff. July 1, 1999.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-27-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-3. Barratry


Barratry consists of:


A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the bringing of any suit in any court of this state in which such person has no interest, with the intent to distress or harass the defendant;


B. intentionally bringing or prosecuting any false suit by a person on his own account, with intent to distress or harass the defendant therein;


C. any attorney-at-law seeking or obtaining employment in any suit or case to prosecute or defend the same by means of personal solicitation of such employment or, procuring another to solicit employment for him; or


D. any attorney-at-law seeking or obtaining employment in any suit, by giving to the person from whom the employment is sought anything of value or directly or indirectly paying the debts or liabilities of the person from whom such employment is sought or loaning or promising to give or otherwise grant anything of value to the person from whom such employment is sought before such employment in order to induce such employment.


Whoever commits barratry is guilty of a misdemeanor.


CREDIT(S)


L. 1963, Ch. 303, § 27-3.


Formerly 1953 Comp., § 40A-27-3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-27-4


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-4. Securing signature to petition by unlawful means


Securing signature to petition by unlawful means consists of securing the signature of any person to any petition now or hereafter provided for by the laws of this state, by paying or promising to pay the signer anything of value, direct or indirect, or by securing such signature by force, threats or intimidation, or by forging or copying the names of any person to any such petition.


Whoever commits securing signature to petition by unlawful means is guilty of a misdemeanor.


CREDIT(S)


L. 1963, Ch. 303, § 27-4.


Formerly 1953 Comp., § 40A-27-4.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-27-5


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 27. Malicious Prosecution, Etc.

§ 30-27-5. Simulating legal process


A. Simulating legal process consists of knowingly issuing or delivering to a person a document that falsely simulates civil or criminal process. “Civil or criminal process” means a document or order, including but not limited to a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena.


B. Whoever commits simulating legal process is guilty of a misdemeanor.


CREDIT(S)


Added by L. 2005, Ch. 327, § 1, eff. June 17, 2005.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



Article 60. Crimes Affecting Public Trust

Tags:33 KS (0.9%)

K.S.A. 21-6001

Formerly cited as K.S.A. 21-3901


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6001. Bribery


(a) Bribery is:


(1) With the intent to improperly influence a public official, offering, giving or promising to give, directly or indirectly, to any public official any benefit, reward or consideration which the public official is not permitted by law to accept, in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties; or


(2) the act of a public official intentionally requesting, receiving or agreeing to receive, directly or indirectly, any benefit, reward or consideration, which the public official is not permitted by law to accept, with the intent to improperly influence such public official and in exchange for the performance or omission of performance of the public official's powers or duties or a promise to perform or omit performance of such powers or duties.


(b) Bribery is a severity level 7, nonperson felony. Upon conviction of bribery, a public official shall forfeit the person's office or employment. Notwithstanding an expungement of the conviction pursuant to K.S.A. 21-6614, and amendments thereto, any person convicted of bribery under the provisions of this section shall be forever disqualified from holding public office or public employment in this state.


(c) As used in this section, “public official” means any person who is a public officer, candidate for public office or public employee.


CREDIT(S)


Laws 2010, ch. 136, § 165, eff. July 1, 2011; Laws 2012, ch. 150, § 23, eff. July 1, 2012.



Current through 2012 regular session.



K.S.A. 21-6002

Formerly cited as K.S.A. 21-3902


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6002. Official misconduct


(a) Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee's public capacity or under color of the officer or employee's office or employment:


(1) Knowingly using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer's or employee's control or direction, or in the officer's or employee's custody, exclusively for the private benefit or gain of the officer or employee or another;


(2) knowingly failing to serve civil process when required by law;


(3) using confidential information acquired in the course of and related to the officer's or employee's office or employment for the private benefit or gain of the officer or employee or another or to intentionally cause harm to another;


(4) except as authorized by law, with the intent to reduce or eliminate competition among bidders or prospective bidders on any contract or proposed contract:


(A) Disclosing confidential information regarding proposals or communications from bidders or prospective bidders on any contract or proposed contract;


(B) accepting any bid or proposal on a contract or proposed contract after the deadline for acceptance of such bid or proposal; or


(C) altering any bid or proposal submitted by a bidder on a contract or proposed contract;


(5) except as authorized by law, knowingly destroying, tampering with or concealing evidence of a crime; or


(6) knowingly submitting to a governmental entity a claim for expenses which is false or duplicates expenses for which a claim is submitted to such governmental entity, another governmental or private entity.


(b)(1) Official misconduct as defined in:


(A) Subsections (a)(1) through (a)(4) is a class A nonperson misdemeanor;


(B) subsection (a)(5) is a:


(i) Severity level 8, nonperson felony if the evidence is evidence of a crime which is a felony; and


(ii) class A nonperson misdemeanor if the evidence is evidence of a crime which is a misdemeanor; and


(C) subsection (a)(6) if the claim is:


(i) $25,000 or more is a severity level 7, nonperson felony;


(ii) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and


(iii) less than $1,000 is a class A nonperson misdemeanor.


(2) Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee's office or employment.


(c) The provisions of subsection (a)(1) shall not apply to any use of persons or property which:


(1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or


(2) constitutes misuse of public funds, as defined in K.S.A. 21-6005, and amendments thereto.


(d) As used in this section, “confidential” means any information that is not subject to mandatory disclosure pursuant to K.S.A. 45-221, and amendments thereto.


CREDIT(S)


Laws 2010, ch. 136, § 166, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-6003

Formerly cited as K.S.A. 21-3903


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6003. Compensation for past official acts


(a) Compensation for past official acts is intentionally giving or offering to give to any public officer or employee any benefit, reward or consideration for having given, in such official capacity as public officer or employee, a decision, opinion, recommendation or vote favorable to the person giving or offering such benefit, reward or consideration, or for having performed an act of official misconduct.


(b) Compensation for past official acts is a class B nonperson misdemeanor.


(c) Subsection (a) shall not apply to the following:


(1) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationships independent of the official status of the receiver; or


(2) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.


CREDIT(S)


Laws 2010, ch. 136, § 167, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-6004

Formerly cited as K.S.A. 21-3904; 21-3905


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6004. Presenting a false claim; permitting a false claim


(a) Presenting a false claim is, with the intent to defraud, presenting a claim or demand which is false in whole or in part, to a public officer or body authorized to audit, allow or pay such claim.


(b) Permitting a false claim is the auditing, allowing or paying of any claim or demand made upon the state or any subdivision thereof or other governmental instrumentality within the state by a public officer or public employee who knows such claim or demand is false or fraudulent in whole or in part.


(c)(1) Presenting a false claim or permitting a false claim for:


(A) $25,000 or more is a severity level 7, nonperson felony;


(B) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and


(C) less than $1,000 is a class A nonperson misdemeanor.


(2) Upon conviction of permitting a false claim, a public officer or public employee shall forfeit the officer or employee's office or employment.


CREDIT(S)


Laws 2010, ch. 136, § 168, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-6005

Formerly cited as K.S.A. 21-3910


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6005. Misuse of public funds


(a) Misuse of public funds is knowingly using, lending or permitting another to use public money in a manner not authorized by law, by a custodian or other person having control of public money by virtue of such person's official position.


(b)(1) Misuse of public funds where the aggregate amount of money paid or claimed in violation of this section is:


(A) $100,000 or more is a severity level 5, nonperson felony;


(B) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;


(C) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and


(D) less than $1,000 is a class A nonperson misdemeanor.


(2) Upon conviction of misuse of public funds, the convicted person shall forfeit the person's official position.


(c) As used in this section, “public money” means any money or negotiable instrument which belongs to the state of Kansas or any political subdivision thereof.


CREDIT(S)


Laws 2010, ch. 136, § 169, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-6006

Formerly cited as K.S.A. 21-3911; 21-3912


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 60. Crimes Affecting Public Trust

21-6006. Unlawful use of state postage; imprinting of warning on mail


(a) It shall be unlawful for any person to use for such person's personal use, or to allow any unauthorized person to use, any form of postage knowing such postage to have been paid for with state funds.


(b) Violation of this section is a class C misdemeanor.


(c) Each state agency, department, board, commission or state educational institution shall imprint by postage meter stamp on all state mail that is stamped by a postage meter that:


(1) Such mail carried by such postage is official state of Kansas mail; and


(2) that there is a penalty for the unlawful use of state postage for private purposes.


CREDIT(S)


Laws 2010, ch. 136, § 170, eff. July 1, 2011.



Current through 2012 regular session.


Chapter 28. Crimes and Punishments  Article 9. Offenses Involving Integrity and Effectiveness of Government Operation

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-924

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 9. Offenses Involving Integrity and Effectiveness of Government Operation

28-924. Official misconduct; penalty


(1) A public servant commits official misconduct if he knowingly violates any statute or lawfully adopted rule or regulation relating to his official duties.


(2) Official misconduct is a Class II misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 209.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-925

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 9. Offenses Involving Integrity and Effectiveness of Government Operation

28-925. Misuse of official information; penalty


(1) Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he:


(a) Acquires pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or


(b) Speculates or wagers on the basis of such information or official action; or


(c) Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit.


(2) Misuse of official information is a Class III misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 210.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-926

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 9. Offenses Involving Integrity and Effectiveness of Government Operation

28-926. Oppression under color of office; penalty


(1) Any public servant or peace officer who, by color of or in the execution of his office, shall designedly, willfully, or corruptly injure, deceive, harm, or oppress any person, or shall attempt to injure, deceive, harm, or oppress any person, commits oppression under color of office, and shall be answerable to the party so injured, deceived, or harmed or oppressed in treble damages.


(2) Oppression under color of office is a Class II misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 211.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-927

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 9. Offenses Involving Integrity and Effectiveness of Government Operation

28-927. Neglecting to serve a warrant; penalty; forfeiture of office


(1) When any warrant legally issued by any magistrate in this state in any criminal case shall be delivered into the hands of any sheriff or other officer to be executed, whose duty it shall be to execute such warrant, it is hereby made the duty of such sheriff or other officer to serve the same immediately, and if such sheriff or other officer shall neglect or delay to serve any such warrant, delivered to him or her as aforesaid, when in his or her power to serve the same, either alone or by calling upon assistance according to law, he or she commits the offense of neglecting to serve a warrant.


(2) Neglecting to serve a warrant is a Class II misdemeanor if the offense charged for which the warrant was issued is a felony.


(3) Neglecting to serve a warrant is a Class III misdemeanor if the offense charged for which the warrant was issued is a misdemeanor.


(4) Any sheriff or other officer who is convicted under this section shall immediately forfeit his or her office.


CREDIT(S)


Laws 1977, LB 38, § 212; Laws 1988, LB 1030, § 20.


 

Current through the 102nd Legislature Second Regular Session (2012)


Part 4. Official Misconduct

Tags:44 MT (0.3%)

MCA 45-7-401

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 4. Official Misconduct

45-7-401. Official misconduct


(1) A public servant commits the offense of official misconduct when in an official capacity the public servant commits any of the following acts:


(a) purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;


(b) knowingly performs an act in an official capacity that the public servant knows is forbidden by law;


(c) with the purpose to obtain a personal advantage or an advantage for another, performs an act in excess of the public servant's lawful authority;


(d) solicits or knowingly accepts for the performance of any act a fee or reward that the public servant knows is not authorized by law; or


(e) knowingly conducts a meeting of a public agency in violation of 2-3-203.


(2) A public servant convicted of the offense of official misconduct shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) The district court has exclusive jurisdiction in prosecutions under this section. Any action for official misconduct must be commenced by an information filed after leave to file has been granted by the district court or after a grand jury indictment has been found.


(4) A public servant who has been charged as provided in subsection (3) may be suspended from office without pay pending final judgment. Upon final judgment of conviction, the public servant shall permanently forfeit the public servant's office. Upon acquittal, the public servant must be reinstated in office and must receive all backpay.


(5) This section does not affect any power conferred by law to impeach or remove any public servant or any proceeding authorized by law to carry into effect an impeachment or removal.


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Enacted 94-7-401 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 474, § 2; Revised Code of Montana 1947, 94-7-401; amended by Laws 2009, ch. 56, § 1691, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-501

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 5. Employer Misconduct

45-7-501. Employer misconduct


(1) A person who is an employer, as defined in 39-71-117, commits the offense of employer misconduct if the person knowingly or purposely:


(a) avoids the person's responsibility to provide coverage for the person's employees as required by 39-71-401;


(b) misrepresents or falsifies employment records or information, including but not limited to understating the amount of payroll or the number of the person's employees; or


(c) refuses to pay premiums that the person is obligated to pay under compensation plan No. 2, as provided in Title 39, chapter 71, part 22, or compensation plan No. 3, as provided in Title 39, chapter 71, part 23.


(2) A person convicted of the offense of employer misconduct shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 586, § 2. Amended by Laws 2009, ch. 56, § 1692, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.


ARTICLE 243.  ABUSE OF OFFICE.

Tags:Model Penal Code

ARTICLE 243.  ABUSE OF OFFICE.

Section 243.0.  Definitions.

In this Article, unless a different meaning plainly is required, the definitions given in Section 240.0 apply.

Section 243.1.  Official Oppression.

A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:             (1)  subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or 

(2)  denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

Section 243.2.  Speculating or Wagering on Official Action or Information.

A public servant commits a misdemeanor if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he: 

(1)  acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; or 

(2)  speculates or wagers on the basis of such information or official action; or 

(3)  aids another to do any of the foregoing.


432.320 Usurpation of office; retention after expiration of term--Repealed

Tags:26 KY (1.4%)

KRS § 432.320



Effective:[See Text Amendments]



Baldwin's Kentucky Revised Statutes Annotated Currentness

Title XL. Crimes and Punishments

Chapter 432. Offenses Against the State and Public Justice

432.320 Usurpation of office; retention after expiration of term--Repealed



CREDIT(S)



HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1364



Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.



KRS § 432.330



Effective:[See Text Amendments]



Baldwin's Kentucky Revised Statutes Annotated Currentness

Title XL. Crimes and Punishments

Chapter 432. Offenses Against the State and Public Justice

432.330 Promise to sell or purchase public office--Repealed



CREDIT(S)



HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1365



Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.



KRS § 432.340



Effective:[See Text Amendments]



Baldwin's Kentucky Revised Statutes Annotated Currentness

Title XL. Crimes and Punishments

Chapter 432. Offenses Against the State and Public Justice

432.340 Taking a fee to procure grant or refusal of pardon--Repealed



CREDIT(S)



HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1370



Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.



KRS § 432.350



Effective:[See Text Amendments]



Baldwin's Kentucky Revised Statutes Annotated Currentness

Title XL. Crimes and Punishments

Chapter 432. Offenses Against the State and Public Justice

432.350 Giving and taking bribes



Any member of the General Assembly or any other executive, judicial, ministerial or legislative officer of this state or of any county or city, including members of boards of education and subdistrict trustees, who takes or agrees to take any bribe to do or omit to do any act in his official capacity shall forfeit his office and be disqualified from the right of suffrage for ten (10) years.




CREDIT(S)



HISTORY: 1974 c 406, § 317, eff. 1-1-75; 1942 c 208, § 1; KS 1366



Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.



KRS § 432.360



Effective:[See Text Amendments]



Baldwin's Kentucky Revised Statutes Annotated Currentness

Title XL. Crimes and Punishments

Chapter 432. Offenses Against the State and Public Justice

432.360 Officer issuing warrant in felony case without affidavit, information or personal knowledge--Repealed



CREDIT(S)



HISTORY: 1962 c 234, § 61, eff. 1-1-63; 1942 c 208, § 1; KS 1372



Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.


Chapter LXX. Public Offices and Officers (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.478. Willful neglect of duty by public officer or employee or person holding public trust



Sec. 478. When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, constitutes a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.



CREDIT(S)



Amended by P.A.2002, No. 672, Eff. March 31, 2003.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.478a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.478a. Intimidation, hindrance, or obstruction of public officer or employee or police officer



Sec. 478a. (1) A person shall not attempt to intimidate, hinder, or obstruct a public officer or public employee or a peace officer in the discharge of his or her official duties by a use of unauthorized process.



(2) Except as provided in subsection (3), a person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.



(3) A person who violates subsection (1) after 1 or more prior convictions for violating subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.



(4) This section does not apply to a lien authorized under a statute of this state.



(5) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law that individual commits while violating this section.



(6) This section does not prohibit individuals from assembling lawfully or lawful free expression of opinions or designation of group affiliation or association.



(7) As used in this section:



(a) “Lawful tribunal” means a tribunal created, established, authorized, or sanctioned by law or a tribunal of a private organization, association, or entity to the extent that the organization, association, or entity seeks in a lawful manner to affect only the rights or property of persons who are members or associates of that organization, association, or entity.



(b) “Legal process” means a summons, complaint, pleading, writ, warrant, injunction, notice, subpoena, lien, order, or other document issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency that is used as a means of exercising or acquiring jurisdiction over a person or property, to assert or give notice of a legal claim against a person or property, or to direct persons to take or refrain from an action.



(c) “Public employee” means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment.



(d) “Public officer” means a person who is elected or appointed to any of the following:



(i) An office established by the state constitution of 1963.



(ii) A public office of a city, village, township, or county in this state.



(iii) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.



(e) “Unauthorized process” means either of the following:



(i) A document simulating legal process that is prepared or issued by or on behalf of an entity that purports or represents itself to be a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law but that is not a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law.



(ii) A document that would otherwise be legal process except that it was not issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency as required by law. However, this subparagraph does not apply to a document that would otherwise be legal process but for 1 or more technical defects, including, but not limited to, errors involving names, spelling, addresses, or time of issue or filing or other defects that do not relate to the substance of the claim or action underlying the document.



CREDIT(S)



P.A.1931, No. 328, § 478a, added by P.A.1998, No. 360, Eff. Jan. 1, 1999.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.479



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.479. Assaulting, battering, obstructing, or endangering an officer performing his or her duties; other offenses; running of sentences



Sec. 479. (1) A person shall not knowingly and willfully do any of the following:



(a) Assault, batter, wound, obstruct, or endanger a medical examiner, township treasurer, judge, magistrate, probation officer, parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person serving or attempting to serve or execute any process, rule, or order made or issued by lawful authority or otherwise acting in the performance of his or her duties.



(b) Assault, batter, wound, obstruct, or endanger an officer enforcing an ordinance, law, rule, order, or resolution of the common council of a city board of trustees, the common council or village council of an incorporated village, or a township board of a township.



(2) Except as provided in subsections (3), (4), and (5), a person who violates this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.



(3) A person who violates this section and by that violation causes a bodily injury requiring medical attention or medical care to an individual described in this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.



(4) A person who violates this section and by that violation causes serious impairment of a body function of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.



(5) A person who violates this section and by that violation causes the death of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.



(6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.



(7) The court may order a term of imprisonment for a violation of this section to be served consecutively to any other term of imprisonment imposed for a violation arising out of the same criminal transaction as the violation of this section.



(8) As used in this section:



(a) “Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.



(b) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.



CREDIT(S)



Amended by P.A.2002, No. 270, Eff. July 15, 2002.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.479a



Effective: November 1, 2012



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.479a. Lieutenant Donald Bezenah law; failure to obey direction of police or conservation officer to stop motor vehicle or vessel; fleeing and eluding as felony; penalty; suspension of license or privilege; revocation; conviction and sentence under other provision



Sec. 479a. (1) An operator of a motor vehicle or vessel who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the operator to bring his or her motor vehicle or vessel to a stop shall not willfully fail to obey that direction by increasing the speed of the vehicle or vessel, extinguishing the lights of the vehicle or vessel, or otherwise attempting to flee or elude the police or conservation officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer's vehicle or vessel is identified as an official police or department of natural resources vehicle or vessel.



(2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.



(3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:



(a) The violation results in a collision or accident.



(b) For a motor vehicle, a portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law or, for a vessel, a portion of the violation occurred in an area designated as “slow--no wake”, “no wake”, or “restricted” whether the area is posted or created by law or administrative rule.



(c) The individual has a prior conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.



(4) Except as provided in subsection (5), an individual who violates subsection (1) is guilty of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following circumstances apply:



(a) The violation results in serious impairment of a body function of an individual.



(b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.



(c) The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.



(5) If the violation results in the death of another individual, an individual who violates subsection (1) is guilty of first-degree fleeing and eluding, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.



(6) Upon a conviction for a violation or attempted violation under subsection (2) or (3), the following apply:



(a) If the individual was operating a motor vehicle, the secretary of state shall suspend the individual's operator's or chauffeur's license as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.



(b) If the individual was operating a vessel, the individual's privilege to operate a vessel shall be suspended for a period not to exceed 5 years.



(7) Upon a conviction for a violation or attempted violation under subsection (4) or (5), the following apply:



(a) If the individual was operating a motor vehicle, the secretary of state shall revoke the individual's operator's or chauffeur's license as provided in section 303 of the Michigan vehicle code, 1949 PA 300, MCL 257.303.



(b) If the individual was operating a vessel, the individual's privilege to operate a vessel shall be revoked for a period of not less than 5 years.



(8) Except as otherwise provided in this subsection, a conviction under this section does not prohibit a conviction and sentence under any other applicable provision for conduct arising out of the same transaction. A conviction under subsection (2), (3), (4), or (5) prohibits a conviction under section 602a of the Michigan vehicle code, 1949 PA 300, MCL 257.602a, for conduct arising out of the same transaction.



(9) As used in this section:



(a) “Prior conviction” means:



(i) For a violation of this section while operating a motor vehicle, the person had a previous conviction for a violation of this section while operating a motor vehicle or a previous conviction for fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct while operating a motor vehicle.



(ii) For a violation of this section while operating a vessel, the person had a previous conviction for a violation of this section while operating a vessel.



(b) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.



(c) “Vessel” means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.



(10) This section shall be known and may be cited as the “Lieutenant Donald Bezenah law”.



CREDIT(S)



Amended by P.A.1988, No. 407, § 1, Eff. March 30, 1989; P.A.1996, No. 586, § 1, Eff. June 1, 1997; P.A.1998, No. 344, Eff. Oct. 1, 1999; P.A.2002, No. 270, Eff. July 15, 2002; P.A.2012, No. 60, Eff. Nov. 1, 2012.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.479b



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.479b. Taking firearms or other weapons from peace officers and corrections officers



Sec. 479b. (1) An individual who takes a weapon other than a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both, if all of the following circumstances exist at the time the weapon is taken:



(a) The individual knows or has reason to believe the person from whom the weapon is taken is a peace officer or a corrections officer.



(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.



(c) The individual takes the weapon without consent of the peace officer or corrections officer.



(d) The peace officer or corrections officer is authorized by his or her employer to carry the weapon in the line of duty.



(2) An individual who takes a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if all of the following circumstances exist at the time the firearm is taken:



(a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace officer or a corrections officer.



(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.



(c) The individual takes the firearm without the consent of the peace officer or corrections officer.



(d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the line of duty.



(3) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.



(4) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.



(5) As used in this section:



(a) “Corrections officer” means a prison or jail guard or other employee of a jail or a state or federal correctional facility, who performs duties involving the transportation, care, custody, or supervision of prisoners.



(b) “Peace officer” means 1 or more of the following:



(i) A police officer of this state or a political subdivision of this state.



(ii) A police officer of any entity of the United States.



(iii) The sheriff of a county of this state or the sheriff's deputy.



(iv) A public safety officer of a college or university who is authorized by the governing board of that college or university to enforce state law and the rules and ordinances of that college or university.



(v) A conservation officer of the department of natural resources.



(vi) A conservation officer of the United States department of interior.



CREDIT(S)



P.A.1931, No. 328, § 479b, added by P.A.1994, No. 33, § 1, Eff. June 1, 1994.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.479c



Effective: July 20, 2012



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.479c. Concealing material facts, making false or misleading statements, or providing false or misleading writings or documents during a criminal investigation; penalty; exceptions



Sec. 479c. (1) Except as provided in this section, a person who is informed by a peace officer that he or she is conducting a criminal investigation shall not do any of the following:



(a) By any trick, scheme, or device, knowingly and willfully conceal from the peace officer any material fact relating to the criminal investigation.



(b) Knowingly and willfully make any statement to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.



(c) Knowingly and willfully issue or otherwise provide any writing or document to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.



(2) A person who violates this section is guilty of a crime as follows:



(a) If the crime being investigated is a serious misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00.



(b) If the crime being investigated is a misdemeanor punishable by imprisonment for more than 1 year or is a felony punishable by imprisonment for less than 4 years, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,500.00, or both.



(c) If the crime being investigated is a felony punishable by imprisonment for 4 years or more, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.



(d) If the crime being investigated is any of the following, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both:



(i) A violation of section 316 or 317 (first or second degree murder).[FN1]



(ii) A violation of chapter LXVIIA (human trafficking).[FN2]



(iii) A violation of section 520b (first degree criminal sexual conduct).[FN3]



(iv) A violation of section 529 (armed robbery).[FN4]



(v) A violation of section 529a (carjacking).[FN5]



(vi) A violation of chapter LXXXIII-A (terrorism).[FN6]



(vii) If the violation is punishable by imprisonment for not less than 20 years:



(A) A violation of chapter X (arson).[FN7]



(B) A violation of chapter XXXIII (explosives and bombs, and harmful devices).[FN8]



(C) A violation of chapter L (kidnapping).[FN9]



(3) This section does not apply to either of the following:



(a) Any statement made or action taken by an alleged victim of the crime being investigated by the peace officer.



(b) A person who was acting under duress or out of a reasonable fear of physical harm to himself or herself or another person from a spouse or former spouse, a person with whom he or she has or has had a dating relationship, a person with whom he or she has had a child in common, or a resident or former resident of his or her household.



(4) This section does not prohibit a person from doing either of the following:



(a) Invoking the person's rights under the Fifth Amendment of the constitution of the United States or section 17 of article I of the state constitution of 1963.



(b) Declining to speak to or otherwise communicate with a peace officer concerning the criminal investigation.



(5) As used in this section:



(a) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 persons in a business or social context.



(b) “Peace officer” means any of the following:



(i) A sheriff or deputy sheriff of a county of this state.



(ii) An officer of the police department of a city, village, or township of this state.



(iii) A marshal of a city, village, or township of this state.



(iv) A constable of any local unit of government of this state.



(v) An officer of the Michigan state police.



(vi) A conservation officer of this state.



(vii) A security employee employed by the state under section 6c of 1935 PA 59, MCL 28.6c.



(viii) A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.



(ix) A police officer or public safety officer of a community college, college, or university within this state who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university.



(x) A park and recreation officer commissioned under section 1606 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. 1606.



(xi) A state forest officer commissioned under section 83107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.83107.



(xii) An investigator of the state department of attorney general.



(xiii) An agent of the state department of human services, office of inspector general.



(xiv) A sergeant at arms or assistant sergeant at arms commissioned as police officer under section 2 of the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.382.



(c) “Serious misdemeanor” means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.



CREDIT(S)



P.A.1931, No. 328, § 479c, added by P.A.2012, No. 104, Eff. July 20, 2012.



[FN1] M.C.L.A. § 750.316 or 750.317.



[FN2] M.C.L.A. § 750.462a et seq.



[FN3] M.C.L.A. § 750.520b.



[FN4] M.C.L.A. § 750.529.



[FN5] M.C.L.A. § 750.529a.



[FN6] M.C.L.A. § 750.543a et seq.



[FN7] M.C.L.A. § 750.71 et seq.



[FN8] M.C.L.A. § 750.200 et seq.



[FN9] M.C.L.A. § 750.349 et seq.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.480



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.480. Refusing to deliver records and money to successor in office



Sec. 480. REFUSING TO DELIVER BOOKS, MONEY, ETC., TO SUCCESSOR IN OFFICE--Any officer or agent of this state or of any county, city, village, township or school district within the state, into whose hands money, books, papers, evidence of debt or other property shall come by virtue of his office or agency, who shall wilfully refuse or neglect, on demand, to deliver the same to his successor in office or to the person authorized by law to receive or have charge of the same, shall be guilty of a felony.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.481



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.481. Neglecting or refusing to execute process



Sec. 481. NEGLECTING OR REFUSING TO EXECUTE PROCESS--Whenever any constable, marshal, deputy or assistant marshal, coroner, sheriff or deputy sheriff of any township, city, village or county, shall at any time wilfully neglect or refuse to execute any lawful process of any court, or judicial officer having authority to issue the same, and which shall be duly issued, or whenever such officer shall, at any time, wilfully neglect or refuse to discharge or execute any special duty imposed on any such officer by any provision of law, such officer shall be guilty of a misdemeanor: Provided, That in all cases where such process shall be taken out in the name of a party, other than the people of this state, it shall appear on the trial for such offense that the legal fees for serving such process have been tendered or paid to such officer.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.482



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.482. Unauthorized retention or disposition of moneys received or collected



Sec. 482. Any officer who shall collect or receive any moneys on account of any fine, penalty, forfeiture, or recognizance, and shall neglect or refuse to pay over the same according to law, or shall appropriate or dispose of the same to his or her own use, or in any manner not authorized by law, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.



CREDIT(S)



Amended by P.A.2002, No. 672, Eff. March 31, 2003.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.483



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.483. Neglecting or refusing to aid sheriff, coroner, constable



Sec. 483. NEGLECTING OR REFUSING TO AID SHERIFF, ETC.--Any person who being required by any sheriff, deputy sheriff, coroner or constable, shall neglect or refuse to assist him in the execution of his office, in any criminal case or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in any case of escape or rescue of persons arrested upon civil process, shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.483a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.483a. Withholding or refusal to produce documents requested by court; interference with reporting of crime



Sec. 483a. (1) A person shall not do any of the following:



(a) Withhold or refuse to produce any testimony, information, document, or thing after the court has ordered it to be produced following a hearing.



(b) Prevent or attempt to prevent through the unlawful use of physical force another person from reporting a crime committed or attempted by another person.



(c) Retaliate or attempt to retaliate against another person for having reported or attempted to report a crime committed or attempted by another person. As used in this subsection, “retaliate” means to do any of the following:



(i) Commit or attempt to commit a crime against any person.



(ii) Threaten to kill or injure any person or threaten to cause property damage.



(2) A person who violates subsection (1) is guilty of a crime as follows:



(a) Except as provided in subdivision (b), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.



(b) If the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.



(3) A person shall not do any of the following:



(a) Give, offer to give, or promise anything of value to any person to influence a person's statement to a police officer conducting a lawful investigation of a crime or the presentation of evidence to a police officer conducting a lawful investigation of a crime.



(b) Threaten or intimidate any person to influence a person's statement to a police officer conducting a lawful investigation of a crime or the presentation of evidence to a police officer conducting a lawful investigation of a crime.



(4) A person who violates subsection (3) is guilty of a crime as follows:



(a) Except as provided in subdivision (b), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.



(b) If the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.



(5) A person shall not do any of the following:



(a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present or future official proceeding.



(b) Offer evidence at an official proceeding that he or she recklessly disregards as false.



(6) A person who violates subsection (5) is guilty of a crime as follows:



(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.



(b) If the violation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.



(7) It is an affirmative defense under subsection (3), for which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to provide a statement or evidence truthfully.



(8) Subsections (1)(a), (3)(b), and (5)(b) do not apply to any of the following:



(a) The lawful conduct of an attorney in the performance of his or her duties, such as advising a client.



(b) The lawful conduct or communications of a person as permitted by statute or other lawful privilege.



(9) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.



(10) The court may order a term of imprisonment imposed for a violation of this section to be served consecutively to a term of imprisonment imposed for any other crime including any other violation of law arising out of the same transaction as the violation of this section.



(11) As used in this section:



(a) “Official proceeding” means a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner, commissioner, notary, or other person taking testimony or deposition in that proceeding.



(b) “Threaten or intimidate” does not mean a communication regarding the otherwise lawful access to courts or other branches of government, such as the lawful filing of any civil action or police report of which the purpose is not to harass the other person in violation of section 2907 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2907.



CREDIT(S)



P.A.1931, No. 328, § 483a, added by P.A.2000, No. 451, Eff. March 28, 2001.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.484



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.484. Repealed by P.A.1991, No. 145, § 3, Imd. Eff. Nov. 25, 1991



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.485



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.485. Accounting for county money by county and municipal officers



Sec. 485. ACCOUNTING FOR COUNTY MONEY BY COUNTY AND MUNICIPAL OFFICERS--It shall be the duty of all county and municipal officers, who may receive or pay out any sum or sums of money belonging to the county in which said officers may reside, to keep an accurate and perfect account of all such moneys, by whom paid and for what purpose, as the board of supervisors of the several counties of this state, or by the board of auditors, wherever authorized to transact such county business, may direct. The several boards of supervisors and board of county auditors are hereby authorized and directed to prepare a system for the keeping of such accounts, and report to the county treasurer, as the several boards may deem proper and necessary in each of the several counties of this state.



Whenever the board of supervisors or board of county auditors may prescribe a system for the keeping of such accounts, as provided for by this section, said county and municipality shall comply with requirements of such system in all particulars, as directed to do by said boards of supervisors or boards of county auditors.



Any county or municipal officer who may be included under the provisions of this section, who shall neglect or refuse to comply with any of the provisions of this section, in the keeping of such accounts as may be prescribed by said county boards, shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.486



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.486. Repealed by P.A.2002, No. 264, § 1, Imd. Eff. May 9, 2002



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.487



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.487. Defense of accused by law partner of prosecutor



Sec. 487. DEFENSE OF PERSONS CHARGED WITH CRIME BY LAW PARTNER OF PROSECUTING ATTORNEY--The law partner or partners of any prosecuting attorney who shall be directly or indirectly engaged or interested in the defense of any person or persons charged with any offense, when it is the duty of such prosecuting attorney in his official capacity to prosecute such person or persons, shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.488



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.488. Retention of fees by state officers and employees on salary



Sec. 488. RETENTION OF FEES BY STATE OFFICERS AND EMPLOYEES ON SALARY--Any officer or employe of the state government, having a salary fixed by law who shall retain any fees received for performance of his official duties, or who shall not promptly turn over to the state treasurer or credit to the proper funds such fees when collected, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than 1,000 dollars. Any one convicted under the provisions of this section shall be promptly removed from office.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.489



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.489. False statement of public finances and transfer of same



Sec. 489. FALSE STATEMENT OF PUBLIC FINANCES AND TRANSFER OF SAME--Any officer, agent, servant or employe of the state of Michigan, or of any county, township, city, village or school district of this state, and any member, agent or employe of any board or commission of the state of Michigan or of any of the municipalities above named, who shall knowingly deliver, publish or give out for publication any false statement relating to the finances, funds, moneys or balances in any fund of said state, county, township, city, village or school district, shall be guilty of a misdemeanor.



Any officer, agent, servant or employe of the state of Michigan, or of any county, township, city, village or school district of this state, and any member, agent or employe of any board or commission of the state of Michigan or of any of the municipalities above named, who shall transfer or juggle the funds of the state or other municipal division thereof, or issue false checks, drafts, warrants, vouchers or other evidences of credit, shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.490



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.490. Safe keeping of public moneys



Sec. 490. SAFE KEEPING OF PUBLIC MONEYS--All moneys which shall come into the hands of any officer of the state, or of any officer of any county, or of any township, school district, highway district, city or village, or of any other municipal or public corporation within this state, pursuant to any provision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this section.



It shall be the duty of every officer charged with the receiving, keeping or disbursing of public moneys to keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation.



No such officer shall, under any pretext, use, or allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm or corporation without legal authority so to do.



In all cases where public moneys are authorized to be deposited in any bank, or to be loaned to any individual, firm or corporation, for interest, the interest accruing upon such public moneys shall belong to and constitute a general fund of the state, county or other public or municipal corporation, as the case may be.



In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable consideration as an inducement for the deposit of any public moneys with any particular bank, person, firm or corporation.



The provisions of this section shall apply to all deputies of such officer or officers, and to all clerks, agents and servants of such officer or officers.



Any officer who shall wilfully or corruptly draw or issue any warrant, order or certificate for the payment of money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be guilty of a misdemeanor, punishable as provided in this section.



Any person who shall violate any of the provisions of this section, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than 1,000 dollars: Provided, That nothing in this section contained shall prevent a prosecution for embezzlement in cases where the facts warrant the same.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.490a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXX. Public Offices and Officers (Refs & Annos)

750.490a. Purchase or sale of goods, wares, or merchandise in the name of or on credit of governmental agency



Sec. 490a. An officer or employee of any governmental agency shall not purchase or cause to be purchased any goods, wares, or merchandise of any description in the name of or on the credit of the governmental agency for any other purpose than for use or resale in the regular course of the official business of the governmental agency; or sell or offer for sale goods, wares, or merchandise purchased in the name of or on the credit of the governmental agency, at any price other than the price at which such goods are offered generally to the public by the governmental agency.



As used in this section, “governmental agency” means any and all branches or departments of the state government; any and all branches or departments of the government of any county, city, village, school district, township, or other municipal corporation in this state; and any commission, board, or other similar body organized to assist in the conduct of the governmental or proprietary functions of state or local government.



Any person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.



CREDIT(S)



Amended by P.A.2002, No. 672, Eff. March 31, 2003.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. Ch. 750, Ch. LXXI, Refs & Annos



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

Chapter LXXI. Public Records


The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.491


Law Enforcement (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Law Enforcement (Refs & Annos)

752.11. Willful failure to uphold or enforce law, resulting in denial of legal rights



Sec. 1. Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.12


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Law Enforcement (Refs & Annos)

752.12. Penalties



Sec. 2. Any person convicted of violating this act shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.21