Chapter 56. Offenses Against Public Administration

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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.

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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

[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.

CREDIT(S)

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.

CREDIT(S)

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]

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

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.

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.

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.

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.

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).

(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.

(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

(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

§ 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

§ 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

§ 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

§ 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.

(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.

(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.

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.

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.

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.

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.

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.

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.

I.C. § 18-4707

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 47. Legislative Power

§ 18-4707. Repealed

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;

(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.

(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

(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:

(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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

(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.

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(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.

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(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.

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(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.

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(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.

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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.

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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.

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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.

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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.

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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.

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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.

(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; 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.

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/

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/

(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 ) 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

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/

(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/

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).

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/

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/

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/

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.

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/

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).

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/

(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/

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.

(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.

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/

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.

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/

(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/