Official misconduct in the first degree
Source:
Section 162.415 — Official misconduct in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors162.html
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Notes of Decisions
This section does not require, for criminal culpability, that personal benefit flow to public employe, but it is sufficient that employe act with intent to grant benefit to third party. State v. Rodda, 56 Or App 580, 642 P2d 364 (1982), Sup Ct review denied
“Unauthorized exercise in official duties” requires that public servant be acting in official capacity and must knowingly perform act that is abuse of powers, responsibilities or opportunities of office while in that capacity. State v. Florea, 296 Or 500, 677 P2d 698 (1984); State v. Davis, 189 Or App 436, 76 P3d 144 (2003)
Benefit under this section includes personal sexual gratification. State v. Moffitt, 104 Or App 340, 801 P2d 855 (1990)
COMPLETED CITATIONS: State v. Johnson, 6 Or App 195, 487 P2d 115 (1971), Sup Ct review denied