Attorney's Note

Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
crime of the second degreebetween 5 and 10 yearsup to $150,000
crime of the third degreebetween 3 and 5 yearsup to $15,000
For details, see N.J. Rev. Stat.2C:43-6

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A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:

a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or

b. 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 crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.

L.1978, c. 95, s. 2C:30-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 61, eff. Sept. 1, 1979.