76-8-201. Official misconduct -- Unauthorized acts or failure of duty.
(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits official misconduct based on an unauthorized act or failure of duty if the actor:
(a) is a public servant; and
(b) with an intent to benefit the actor or another or to harm another, the actor knowingly:
(i) commits an unauthorized act that purports to be an act of the actor's office; or
(ii) knowingly refrains from performing a duty imposed on the actor by law or clearly inherent in the nature of the actor's office.
(3) A violation of Subsection (2) is a class B misdemeanor.