Exception for Public Officers

Notwithstanding §§ 10.20 and 10.30, a prosecution may be commenced against a public officer or employee or any person acting in complicity with such public officer or employee for any offense based upon misconduct in office by such public officer or employee at any time while such public officer or employee continues in public office or employment or within three (3) years thereafter. COMMENT: Section 10.40 is based on Model Penal Code § 1.06(3)(b) and 1 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6 (Final Report 1971). Under former § 799 there was no time limitation imposed on a prosecution for the theft of public monies or falsification of public records, but there was no exception for misdeeds generally by a public officer. Section 10.40 now covers all offenses but its coverage is limited to the public official, employee or his accomplice and merely extends the applicable period; it does not completely eliminate it.