Official Misconduct - When Public Officials Turn Bad

The definition of official misconduct is essentially the same in all states and countries. It is the willing and knowing abuse of power or refusal to perform duties by a government official, public head, or law enforcement officer, either for personal gain, to cause harm or injury to another, or to provide profits and gains for somebody else.

What Constitute Official Misconduct?

This is rather tricky to prove, as it rests in the State to show beyond reasonable doubt that the official or the agency he or she presides over has violated the law. There are three ways to prove that a public servant has breached the limits of his or her position.

1) The defendant was a person of office at the time the violations had happened.

2) The defendant was aware that he or she was doing something that is against the law and principle of his office and of the state; or that he or she was deliberately and purposely refusing to serve office and perform his or her official duties.

3) The defendant had the intention to benefit himself or another, or deprive or hurt others when he was doing the unauthorized and unlawful act.

Any accused official will not be charged guilty of official misconduct if the state is not able to prove the above three conditions.

Penalizing Violators

If the defendant has been proven guilty beyond reasonable doubt, then the degree of the crime will have to be determined next. How much the official has benefited from his or her unlawful acts will determine the gravity of the crime. If he or she has illegally collected more than $200, he or she will be charged with official misconduct of the second degree. If the value is less than $200, the charge will be official misconduct of the third degree. If the State, during the course of the trial, is unable to prove that the value of the benefits exceeds $200, then the case automatically becomes a third degree violation.

Any person who holds a position of power is exposed to official misconduct. In the United States, thousands of official misconduct cases are charged and end up in convictions and jail sentences every year. It is the public’s responsibility to correct these felons. Remember, this doesn’t just apply to individuals who commit illegal acts. It also applies to those who purposely abandon their posts and refuse to do their legal duties.

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