PL 195.00 · Article 195
Official Misconduct
This offense requires a public servant to act with intent to obtain a benefit or deprive another person of a benefit. It covers either a knowingly unauthorized exercise of official functions or knowingly failing to perform a legally imposed or clearly inherent duty.
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Text us immediately · (845) 290-2492Definition under New York law
PL 195.00 · Original statutory wording; excerpts must be read together with the full section.
§ 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.Read the full section at the New York State SenateIn everyday language
This offense requires a public servant to act with intent to obtain a benefit or deprive another person of a benefit. It covers either a knowingly unauthorized exercise of official functions or knowingly failing to perform a legally imposed or clearly inherent duty.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove every required element beyond a reasonable doubt, including that the person accused was a public servant.
- The person accused intended to obtain a benefit or deprive another person of a benefit; these intentions are alternatives, not cumulative requirements.
- One of two alternative forms of misconduct must be proved, not both: an act relating to the office that constituted an unauthorized exercise of official functions, with knowledge that it was unauthorized; or knowingly refraining from performing a duty imposed by law or clearly inherent in the nature of the office.
- For the failure-to-perform alternative, a legally imposed duty and a clearly inherent duty are alternative sources of the duty, not cumulative requirements.
Defenses that commonly apply
- What evidence establishes an intent to obtain a benefit or deprive another person of one?
- If an unauthorized act is alleged, what authority governed the act and what shows the person accused knew it was unauthorized?
- If an omission is alleged, what law or feature of the office established the duty, and what shows the person accused knowingly refrained from performing it?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Is an official mistake enough to establish official misconduct?
An official mistake alone does not establish the required intent to obtain a benefit or deprive another person of one. If the evidence shows a mistake rather than a knowingly unauthorized act or a knowing failure to perform the specified duty, the relevant elements may be disputed. The prosecution must prove the required intent and the applicable form of misconduct beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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