Second degree official misconduct.

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(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:

  1. Refrains from performing a duty imposed upon him by law; or

  2. Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Second degree official misconduct is a class 1 petty offense.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405. L. 83: (1)(a) amended, p. 710, § 2, effective June 10.


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