Abuse Of Office Flashcards
OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(d) An offense under this section is a _____.
Class A misdemeanor
ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant’s office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.
(b) An offense under Subsection (a)(1) is a _____.
(c) An offense under Subsection (a)(2) is:
(1) a _____ if the value of the use of the thing misused is less than $20;
(2) a _____ if the value of the use of the thing misused is $20 or more but less than $500;
(3) a _____ if the value of the use of the thing misused is $500 or more but less than $1,500;
(4) a ______ if the value of the use of the thing misused is $1,500 or more but less than $20,000;
(5) a _____ if the value of the use of the thing misused is $20,000 or more but less than $100,000;
(6) a _____ if the value of the use of the thing misused is $100,000 or more but less than $200,000; or
(7) a _____ if the value of the use of the thing misused is $200,000 or more.
Class A misdemeanor; Class C misdemeanor; Class B misdemeanor; Class A misdemeanor; state jail felony; felony of the third degree; felony of the second degree; felony of the first degree
VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An official of a correctional facility, an employee of a correctional facility, a person other than an employee who works for compensation at a correctional facility, a volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Youth Commission, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.
(b) An offense under Subsection (a)(1) is a _____. An offense under Subsection (a)(2) is a _____, except that an offense under Subsection (a)(2) is a _____ if the offense is committed against:
(1) an individual in the custody of the Texas Youth Commission; or
(2) a juvenile offender detained in or committed to a correctional facility the operation of which is financed primarily with state funds.
Class A misdemeanor; state jail felony; felony of the second degree
FAILURE TO REPORT DEATH OF PRISONER. (a) A person commits an offense if the person is required to conduct an investigation and file a report and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.
(b) A person commits an offense if the person is required to:
(1) give notice of the death of an inmate and the person fails to give the notice; or
(2) conduct an investigation and file a report and the person:
(A) fails to conduct the investigation or file the report; or
(B) fails to include in the report facts known to the person or discovered by the person in the investigation.
(c) An offense under this section is a _____.
Class B misdemeanor
