76-8-203. Unofficial misconduct.
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Effective 5/1/2024
76-8-203. Unofficial misconduct.
(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits unofficial misconduct if the actor exercises or attempts to exercise any of the functions of a public office when the actor:
(a)has not taken and filed the required oath of office;
(b)has failed to execute and file a required bond;
(c)has not been elected or appointed to office;
(d)exercises any of the functions of the actor's office after the actor's term has expired and the successor has been elected or appointed and has qualified, or after the actor's office has been legally removed; or
(e)knowingly:
(i)withholds or retains from the actor's successor in office, or other person entitled to possession, the official seal or a record, paper, document, or other writing appertaining or belonging to the actor's office; or
(ii)mutilates, destroys, or takes away the official seal or a record, paper, document, or other writing appertaining or belonging to the actor's office.
(3)A violation of Subsection
(2)is a class B misdemeanor.
Amended by Chapter 96 , 2024 General Session