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Current as of January 01, 2026 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 195.00 Official misconduct - last updated January 01, 2026 | https://codes.findlaw.com/ny/penal-law/pen-sect-195-00/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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