Wednesday, 20 January 2016
POLICE MISCONDUCT
Statutes
· 18 U.S. Code § 241 - Conspiracy Against Rights
· 18 U.S. Code § 242 - Deprivation of Rights Under Color of Law
· 42 U.S. Code § 1983 - Civil Action for Deprivation of Rights
· 42 U.S. Code §14141 - Police Pattern or Practice
· O.R.C. § 505.491 - Police Officer Guilty in Performance of Official Duty
· O.R.C. § 2901.01 (A) (11) - Definition of Law Enforcement Officer
· O.R.C. § 2921.44 - Dereliction of Duty
· O.R.C. § 2921.45 - Interfering with Civil Rights
Under Florida Statute Section § 838.014(6) the term “public servant” means:
Any officer or employee of any state, county, municipal or special district agency or entity;
Any legislative or judicial officer or employee;
Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function.
Effective October 1, 2003, the statute was rewritten as section 838.022, Florida Statutes, and the former version of the Official Misconduct Statute Section 839.25, Florida Statutes, was repealed.
Types of Official Misconduct Charges in Florida
The elements of the crime of official misconduct include a showing that the person accused:
was a public servant;
acted with corrupt intent;
acted to obtain a benefit for any person, and
did one of the following acts related to an official record or document:
falsified, or caused another person to falsify, any official record or official document (subsection 838.022(A)(1));
concealed, covered up, destroyed, mutilated, or altered any official record or official document or caused another person to perform such an act (subsection 838.022(A)(2)); or
obstructed, delayed, or prevented the communication of information relating to the commission of a felony that directly involved or affected the public agency or public entity served by the public servant (subsection 838.022(A)(3)).
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