§ 1211 — Official misconduct; class A misdemeanor, class G, F, D, B felony

Delaware § 1211

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Against Public Administration

Text

(a) A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following:

(1) Commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized.

(2) Refrains from performing a duty or breaches a duty which is imposed by law or is clearly inherent in the nature of the office.

(3) Performs official functions in a way intended to benefit the public servant’s own property or financial interests under circumstances in which the public servant’s actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions.

(4) Performs official functions in a way intended to practice discrimination on the basis of race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry.

(5) Uses or relies on the public servant’s position of trust or authority to engage in criminal conduct.

(b) Official misconduct is punished as follows:

(1) For a violation of paragraph (a)(1) or (a)(2) of this section, a class A misdemeanor.

(2) For a violation of paragraph (a)(3), (a)(4), or (a)(5) of this section, a class G felony.

(3) A sentence is enhanced for a violation of paragraphs (a)(1) through (a)(5) of this section as follows:

a. A class F felony, if the value of the personal benefit received, or the harm caused, is $1,500 or more, but less than $50,000.

b. A class D felony, if the value of the personal benefit received, or the harm caused, is $50,000 or more, but less than $100,000.

c. A class B felony, if the value of the personal benefit received, or the harm caused, is $100,000 or more.

d. A class F felony, if the harm caused is physical injury, or the public servant engages in conduct constituting an offense that is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.

e. A class D felony, if the harm caused is serious physical injury, or the public servant engages in conduct constituting an offense that is punishable as a class G felony, a class F felony, or a class E felony.

f. One grade higher than the underlying offense, if the public servant engages in conduct constituting an offense that is punishable as a class D felony or a class C felony.

g. A class A felony, if the public servant engages in conduct constituting an offense that is punishable as a class B felony or a class A felony, or if the harm caused is death.

(c) The Superior Court has exclusive jurisdiction over a violation of this section.

Legislative History

11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1 ; 61 Del. Laws, c. 327, § 1 ; 64 Del. Laws, c. 48, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 225, § 1 ; 84 Del. Laws, c. 449, § 1