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46.4638 Misconduct in administration of justice.

Cite as [A.S.C.A. § 46.4638]

(a) A public servant, in his public capacity or under color of his office or employment, commits the crime of misconduct in administration of justice if:

(1) he is charged with the custody of any person accused or convicted of any crime or ordinance violation and he coerces, threatens, abuses, or strikes that person for the purpose of securing a confession from him;

(2) he knowingly seizes or levies upon any property or dispossesses anyone of any lands or tenements without due and legal process, or other lawful authority;

(3) he is a judge and knowingly accepts a plea of guilty from any person charged with a violation of a statute or ordinance at any place other than at the place provided by law for holding court by the judge;

(4) he is a jailer or keeper of a jail and knowingly refuses to receive, in the jail under his charge, any person lawfully committed to the jail on any criminal charge or criminal conviction by any court of this territory, or on any warrant and commitment order on

any criminal charge issued by any court of this territory; or

(5) he is a law enforcement officer and knowingly:

(A) refuses to release any person in custody who is entitled to release;

(B) refuses to permit a person in custody to see and consult with counsel or other persons;

(C) transfers any person in custody to the custody or control of another, or to another place, for the purpose of avoiding the provisions of this section; or

(D) prefers against any person in custody a false charge for the purpose of avoiding the provisions of this section.

(b) Misconduct in the administration of justice is a class A misdemeanor.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 575.320, 15 ASC 761, 15 ASC 3401.