§ 39-16-401 — Definitions for public misconduct offenses

As used in this part, unless the context otherwise requires: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech; (2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and (3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; (D) An attorney at law or notary public when participating in performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A person who is performing a governmental function under claim of right although not legally qualified to do so.

Legislative History

Acts 1989, ch. 591, § 1.