Delaware Code Title 11 Sec. 1211 – Official misconduct; class A misdemeanor
A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person:
(1) The public servant commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized; or
(2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the nature of the office; or
(3) The public servant performs official functions in a way intended to benefit the public servant’s own property or financial interests under circumstances in which the public servant’s actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions; or
(4) The public servant knowingly performs official functions in a way intended to practice discrimination on the basis of race, creed, color, sex, age, handicapped status or national origin.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Official misconduct is a class A misdemeanor.
11 Del. C. 1953, § ?1211; 58 Del. Laws, c. 497, § ?1; 61 Del. Laws, c. 327, § ?1; 64 Del. Laws, c. 48, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;