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Minnesota Criminal Justice Statute Service
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609.43(2)
Statute ID:
12799
Statute Function ID:
28081
Misconduct Public Officer/Employee-Exceed Authority
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Gross Misdemeanor (GM)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Misconduct by Public Official (920.01)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.43(2)
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 1859
Expiration Date:
Repealed?:
No
Summary Text:
Misconduct Public Officer/Employee-Exceed Authority
Statute ID:
12799
Created:
Mar 10, 2009 by mnjis.legal.analyst@state.mn.us
Updated:
Nov 20, 2023 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
2023 Subd. 1 Revisor Instruction 2023 c 52 art 6 s 16. Changed "one year" to "364 days"
Summary Text:
Misconduct Public Officer/Employee-Exceed Authority
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/43.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Nov 20, 2023
A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both: (1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or (2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or (3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or (4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect.
