§ 18-8-404. First Degree Official Misconduct

1. A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly:
   1. Commits an act relating to his office but constituting an unauthorized exercise of his official function; or
   2. Refrains from performing a duty imposed upon him by law; or
   3. Violates any statute or lawfully adopted rule or regulation relating to his office.
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] First degree official misconduct is a class 2 misdemeanor.

   (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] First degree official misconduct is a class 1 misdemeanor.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-404. L. 83: (1)(b) amended, p. 710, § 1, effective June 10. L. 2000: IP(1) amended, p. 709, § 41, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 297, effective March 1, 2022.

Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.