Chapter 47 - Offenses Affecting Government

Chapter 47 - Offenses Affecting Government

46.4701 Bribery of a public servant.


(a) A person commits the crime of bribery of a public servant if he knowingly offers, confers, or agrees to confer upon any public servant any benefit, direct or indirect, in return for:

(1) the recipient's official vote, opinion, recommendation, judgment, decision, action, or exercise of discretion as a public servant; or

(2) the recipient's violation of a known legal duty as a public servant.

(b) It is no defense that the recipient was not qualified to act in the desired way because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(c) Bribery of a public servant is a class D felony.

46.4702 Public servant acceding to corruption.


(a) A public servant commits the crime of acceding to corruption if he knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, in return for:

(1) his official vote, opinion, recommendation, judgment, decision, action, or exercise of discretion as a public servant; or

(2) his violation of a known legal duty as a public servant.

(b) Acceding to corruption by a public servant is a class D felony.

46.4703 Obstructing government operations or voting rights.


(a) A person commits the crime of obstructing government operations if he purposely obstructs, impairs, hinders, or perverts the performance of a governmental function by the use or threat of violence, force, or other physical interference or obstacle.

(b) Obstructing government operations or voting rights is a class A misdemeanor.

46.4704 Official misconduct.


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

(1) he knowingly demands or receives any fee or reward for the execution of any official act or the performance of a duty imposed by law or by the terms of his employment, that is not due, or that is more than is due, or before it is due;

(2) he knowingly collects taxes when none are due, or exacts or demands more than is due;

(3) he knowingly orders the payment of any money, or draws any warrant, or pays over any money for any purpose other than the specific purpose for which it was assessed, levied, and collected unless it is or has become impossible to use the money for that specific purpose;

(4) he is an officer or employee of any court and knowingly charges, collects, or receives less fee for his services than is provided by law; or

(5) he is an officer or employee of any court and knowingly, directly or indirectly, buys, purchases, or trades for any fee taxed or to be taxed as costs in any court of this territory, or any warrant, at less than par value which may be by law due or to become due to any person by or through that court.

(b) Official misconduct is a class A misdemeanor.

46.4705 Misuse of official information.


(a) A public servant commits the crime of misuse of official information if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he knowingly:

(1) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the information or official action;

(2) speculates or wagers on the basis of the information or official action; or

(3) aids, advises, or encourages another to do any of the foregoing with purpose of conferring a pecuniary benefit on any person.

(b) Misuse of official information is a class A misdemeanor.

46.4706 Treason.


(a) A person owing allegiance to the territory commits treason if he purposely levies war against the Territory, or adheres to its enemies by giving them aid and comfort.

(b) Persons may not be convicted of treason unless 1 or more overt acts are alleged in the indictment or information.

(c) In a trial on a charge of treason, evidence may not be given of any overt act that is not specifically alleged in the indictment or information.

(d) Persons may not be convicted of treason except upon the direct evidence of 2 or more witnesses to the same overt act, or upon his confession under oath in open court.

(e) Treason is a class A felony.