The good news about official misconduct in Indiana is that it can only apply to a public servant. The bad news is that the consequences can be devastating and may require the counsel of an experienced Indiana criminal lawyer. Let’s take a closer look at the law and how it works.
Identifying Public Servants
In the State of Indiana, a public servant is a person who:
- is authorized to perform an official function on behalf of, and is paid by, a government entity;
- is elected or appointed to office to discharge a public duty for a governmental entity; or
- with or without compensation, is appointed in writing by a public official to act in an advisory capacity to a governmental entity concerning a contractor or purchase to be made by the entity.
A person who is appointed by the governor to an honorary advisory or honorary military position does not qualify.
Basically anyone who holds elected office or is employed by the government counts as a public servant. Official misconduct comes into play when a public official breaks the law.
The Elements of Official Misconduct
Official misconduct occurs when a public servant knowingly or intentionally:
- commits an offense in the performance of the public servant’s official duties;
- solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment;
- acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant’s office that official action has not been made public is contemplated; or
- fails to deliver public records and property in the public servant’s custody to the public servant’s successor in office when that successor qualifies.
In other words, when a public servant commits a crime in the course of their official duties, they’re opening themselves up to double trouble—a criminal charge for the offense and an additional criminal charge for official misconduct. When a public servant is charged with official misconduct, it’s a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Official Misconduct in Action
Here’s an example: Let’s say you’re a corrections officer in a county jail. Under Indiana law, you are considered a public servant.
If you commit battery while you’re on duty, you’ll not only face charges for the battery (which starts as a Class B misdemeanor, carrying a maximum penalty of 180 days in jail and a $1,000 fine), but you’ll also be charged with a Level 6 felony for official misconduct.
Keep in mind that the underlying battery charge can always get worse depending on a number of aggravating factors, including the physical damage suffered by the victim. Battery resulting in bodily injury is a Class A misdemeanor, which carries a maximum penalty of one year in jail and a $5,000 fine.
If the battery results in moderate bodily injury—meaning any impairment of physical condition that includes substantial pain—you could find yourself facing two felony charges. On top of all that, you’ll face the prospect of losing your job and your position as a public servant.
Make the Right Call
Public service isn’t easy, especially when you’re held to a higher standard than other citizens. If cutting corners can be criminally risky, that’s doubly true for our public servants and elected officials. If you’re facing official misconduct or any other kind of criminal charges, the Marc Lopez Law Firm is here to help. Give us a call at 317-632-3642 and remember—always plead the 5th!
