{"jurisdiction": "us-ny", "code": "penal", "section": "195.00", "citation": "Penal Law § 195.00", "heading": "Official misconduct", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/195.00", "from_official_api": true, "plain_english": "With intent to gain a benefit or deprive someone of one, a **public servant** commits official misconduct by:\n- **(1)** knowingly performing an **unauthorized act related to the office**; or\n- **(2)** knowingly **failing to perform a duty required by law or clearly inherent in the office**. ★\nThe offense is a **class A misdemeanor**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/195.00", "publisher": "Elyphived LLC"}