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OFFICIAL MISCONDUCT & BRIBERY

VIOLATIONS:

NYPL § 215.58 - Failing to Respond to an Appearance Ticket (aka 'DAT'): *

A person is guilty of failing to respond to an appearance ticket when, having been personally served with an appearance ticket, as defined [below], based upon his alleged commission of a crime, he does not appear personally in the court in which such appearance ticket is returnable on the return date thereof or voluntarily within 30 days thereafter.

Appearance ticket = a written notice, whether referred to as a summons or by any other name, issued by a police officer, peace officer or other non-judicial public servant authorized by law to issue the same, directing a designated person to appear in a designated court at a designated future time in connection with a criminal action to be instituted in such court with respect to his alleged commission of a designated offense.

 

CLASS A MISDEMEANORS:

NYPL § 195.00 - Official Misconduct:

A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized;  or

2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

NYPL § 200.35 - Receiving Unlawful Gratuities:

A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.

NYPL § 205.05 - Escape in the 3rd Degree:

A person is guilty of escape in the 3rd degree when he escapes from custody. 

NYPL § 205.30 - Resisting Arrest:

A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.

 

CLASS E FELONIES:

NYPL § 205.10 - Escape in the 2nd Degree:

A person is guilty of escape in the 2nd degree when:

1. He escapes from a detention facility;  or

2. Having been arrested for, charged with or convicted of a class C, class D or class E felony, he escapes from custody;  or

3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from custody.

 

CLASS D FELONIES:

NYPL § 200.00 - Bribe Receiving in the 3rd Degree: 

A person is guilty of bribery in the 3rd degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

NYPL § 205.15 - Escape in the 1st Degree:

A person is guilty of escape in the 1st degree when:

1. Having been charged with or convicted of a felony, he escapes from a detention facility;  or

2. Having been arrested for, charged with or convicted of a class A or class B felony, he escapes from custody;  or

3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from a detention facility.

 

CLASS C FELONIES:

NYPL § 200.11 - Bribery in the 2nd Degree:

A public servant is guilty of bribe receiving in the 2nd degree when he solicits, accepts or agrees to accept any benefit valued in excess of $10,000 from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. 

 

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*Not verbatim. Click here for link to full text of current law.

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