Montana Code 45-7-401. Official misconduct
45-7-401. Official misconduct. (1) A public servant commits the offense of official misconduct when in an official capacity the public servant commits any of the following acts:
Terms Used In Montana Code 45-7-401
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
(a)purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;
(b)knowingly performs an act in an official capacity that the public servant knows is forbidden by law;
(c)with the purpose to obtain a personal advantage or an advantage for another, performs an act in excess of the public servant’s lawful authority;
(d)solicits or knowingly accepts for the performance of any act a fee or reward that the public servant knows is not authorized by law; or
(e)knowingly conducts a meeting of a public agency in violation of 2-3-203.
(2)A public servant convicted of the offense of official misconduct shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3)The district court has exclusive jurisdiction in prosecutions under this section. Any action for official misconduct must be commenced by an information filed after leave to file has been granted by the district court or after a grand jury indictment has been found.
(4)A public servant who has been charged as provided in subsection (3) may be suspended from office without pay pending final judgment. Upon final judgment of conviction, the public servant shall permanently forfeit the public servant’s office. Upon acquittal, the public servant must be reinstated in office and must receive all backpay.
(5)This section does not affect any power conferred by law to impeach or remove any public servant or any proceeding authorized by law to carry into effect an impeachment or removal.