1. (1) A public servant commits the crime of official misconduct in the first degree if:

   1. (a) With intent to obtain a benefit or to harm another:

      1. (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
      2. (B) The public servant knowingly performs an act constituting an unauthorized exercise in official duties; or

   2. (b) The public servant, while acting as a supervisory employee, violates ORS 162.405 and is aware of and consciously disregards the fact that the violation creates a risk of:

      1. (A) Physical injury to a vulnerable person;
      2. (B) The commission of a sex crime as defined in ORS 163A.005 against a vulnerable person; or
      3. (C) The withholding from a vulnerable person of necessary and adequate food, physical care or medical attention.
2. (2) Official misconduct in the first degree is a Class A misdemeanor.

3. (3) As used in this section:

   1. (a) “Supervisory employee” means a person having the authority, in the interest of an employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees.
   2. (b) “Vulnerable person” has the meaning given that term in ORS 136.427.

[1971 c.743 §215; 2017 c.519 §1]