New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
