76-8-201. Official misconduct -- Unauthorized acts or failure of duty.
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Effective 5/1/2024
76-8-201. Official misconduct -- Unauthorized acts or failure of duty.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits official misconduct based on an unauthorized act or failure of duty if the actor:
(a)is a public servant; and
(b)with an intent to benefit the actor or another or to harm another, the actor knowingly:
(i)commits an unauthorized act that purports to be an act of the actor's office; or
(ii)knowingly refrains from performing a duty imposed on the actor by law or clearly inherent in the nature of the actor's office.
(3)A violation of Subsection
(2)is a class B misdemeanor.
Amended by Chapter 96 , 2024 General Session