Definitions for Public Misconduct Offenses

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As used in this part, unless the context otherwise requires:

  1. “Act” means a bodily movement, whether voluntary or involuntary, and includes speech;
  2. “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and
  3. “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
    1. An officer, employee, or agent of government;
    2. A juror or grand juror;
    3. An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
    4. An attorney at law or notary public when participating in performing a governmental function;
    5. A candidate for nomination or election to public office; or
    6. A person who is performing a governmental function under claim of right although not legally qualified to do so.


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