1. (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

2. (2) An actor commits official misconduct based on an unauthorized act or failure of duty if the actor:

   1. (a) is a public servant; and

   2. (b) with an intent to benefit the actor or another or to harm another, the actor knowingly:

      1. (i) commits an unauthorized act that purports to be an act of the actor's office; or
      2. (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. (3) A violation of Subsection (2) is a class B misdemeanor.

Amended by Chapter 96, 2024 General Session